JONNALAGADDA SHUHASINI Vs. RAVELA AOGYAIAH

JUDGEMENT

(1.) Petition for condonation of delay of 102 days in filing the petition to set-aside the exparte decree filed by defendants 4 to 6 was dismissed by the trial court. Hence this revision.

(2.) The case of the revision petitioners is that when first revision petitioner went to the Collector Office at Hyderabad for obtaining the terminal benefits of her husband, she was informed about the stay order passed in O.S.No.151 of 2003, with regard to their payment and when she got enquires made through her.counsel she came to know that an exparte decree was passed against her in the suit filed by the respondent, after publishing notice in a Telugu News daily Praja Shakti for appearance of herself and her children and that she was advised to file a petition to set- aside the exparte decree with a petition to condone the delay of 102 days.

(3.) The case of the respondent is that as revision petitioners, who have knowledge about passing of the decree, have not explained the day-to-day delay in filing the petition to set- aside exparte decree, delay cannot be condoned.