CHAIRMAN AND MANAGING DIRECTOR, APSPDCL Vs. G. VENKATESH

JUDGEMENT

(1.) Heard Sri N.Siva Reddy, learned counsel appearing for the petitioners and Sri K.Srinivasa Reddy, learned counsel appearing for respondent No.1. It is to be noted here that earlier the matter was heard and was being adjourned, meanwhile Sri K.Srinivasa Reddy filed his 'vakalath' on behalf of respondent No.1 as such the matter was heard again.

(2.) Aggrieved by the order, dated 13.06.2017, passed in I.A.No.62 of 2014 in O.S.No.49 of 2006 on the file of the IV Additional District Judge, Tirupati, wherein an application filed under Section 5 of Limitation Act, to condone the delay of 999 days in filing an application to set aside the ex parte decree was dismissed, the present Civil Revision Petition is filed under Article 227 of the Constitution of India.

(3.) The facts in issue are as under: Respondent No.1 herein, filed O.S.No.49 of 2006 seeking damages to a tune of Rs. 11,00,000/- with interest at 12% p.a. on account of death of one G.Venugopal, who died on coming into contact with a live wire of defendant Nos.2 and 3 and got electrocuted in the college of defendant No.1. The said suit was decreed ex parte on 26.04.2011, directing the petitioners, who are defendant Nos.2 and 3 in the said suit, to pay Rs. 6,87,000/- with proportionate costs and subsequent interest at 6% p.a. from the date of suit ie. 17.07.2006 till the date of realisation. As the petitioners failed to deposit the said amount, respondent No.1 herein filed O.E.P.No.2 of 2014. On receipt of the notices in the said O.E.P., the petitioners filed the present application, under Section 5 of Limitation Act to condone the delay of 999 days in filing the petition to set aside the ex parte decree, dated 26.04.2011.