RATHA SETHY Vs. BABAJI SETHY

JUDGEMENT

(1.) HEARD Learned Counsel for the parties.

(2.) IN this Writ Petition, the Petitioners assail the Order Dated 23.11.2010 passed by the District Judge, Keonjhar, in FAO No. 14/2009 refusing to interfere with the order passed by the Civil Judge (Sr. Division), Anandapur, in C.M.A. No 31/2008 (arising out of T.S. No. 79/2001) wherein the application under Order IX, Rule 13 of the Code of Civil Procedure, 1908 was rejected.

(3.) LEARNED trial Judge after taking into consideration the evidence led on behalf of both the sides held that though the said Bakati Sethy was ill on the date the case was taken up for hearing, he came to the conclusion that there is no sufficient ground to condone the delay occasioned in filing the Miscellaneous Application as there is ample evidence on record to show that she had received notice in the final decree proceeding on 10.3.2003 and she engaged Sara Babu and Chakra Babu on 29.4.2005 for filing objection. The petition for setting aside the ex parte decree was filed on 10.7.2008. Therefore, it is apparent that the petition for setting aside ex parte decree was filed much after the expiry of the period of limitation from the date of knowledge of the predecessor in interest of the present Petitioners.