THAKUR SHEKAR SINGH Vs. THAKUR CHANDU BAI

JUDGEMENT

(1.) This revision is directed against the dismissal of the petition to condone the delay of 4600 days in filing a petition to set aside the exparte decree.

(2.) The case, in brief, of the petitioner is that he was not served with the summons in the suit and came to know about the suit only on 20.5.2004, when the Amin came to the suit property with a delivery warrant, in execution of the ex parte decree obtained by the respondent, and went to Hyderabad to take the help of the daughter of the respondent and consequently there was a delay of 4600 days in filing the petition to set aside the ex parte decree and so the said delay may be condoned.

(3.) The contention of the respondent is that though petitioner was served with summons both in the suit and in the Execution Petition he chose to remain ex parte and since he already took possession of the plaint schedule property on 20.5.2004 there are no grounds to condone the delay.