R.KRISHNA ALIAS KISTAIAH Vs. R. BALA NARASAIAH

JUDGEMENT

(1.) This Revision is filed challenging the order dt.05.08.2013 in IA.No.826 of 2011 in OS.No.131 of 2006 of the Senior Civil Judge, Bhongir.

(2.) The petitioners herein are defendants in the above suit. The suit was filed for specific performance of an agreement of sale dt.09.10.2005 allegedly executed by defendant Nos.1 to 3 in favor of the respondent/plaintiff. The defendants filed a written statement but remained ex parte and did not lead evidence. The suit was decreed ex parte on 02.03.2010.

(3.) IA.No.826 of 2011 was filed by the defendants under Section 5 of the Limitation Act, 1963 to condone the delay of 502 days in filing an application under Order IX Rule 13 CPC to set aside the ex parte decree dt.02.03.2010. They also filed another IA under Order IX Rule 13 CPC to set aside the said decree.