MANJUSRI BURGUL Vs. DR.KONAPPA S.KUNTUMALLA

JUDGEMENT

(1.) This revision petition is filed against the orders dtd. 25/2/2010 in I.A.No.1348 of 2008 in O.P.No.275 of 2005 on the file of Family Court, Ranga Reddy District at L.B. Nagar.

(2.) The aforesaid application in I.A.No.1348 of 2008 was filed by the revision petitioner herein, under Sec. 5 of the Limitation Act, seeking to condone the delay of 470 days in making the application to set aside the ex parte decree. It is relevant to mention here that the O.P. was filed by the husband i.e. the respondent herein against the revision petitioner/ wife, for divorce. The record reveals that the revision petitioner avoided the summons from the Court, therefore, a publication was ordered for her appearance before the Court, either in person or through an Advocate. Even after the publication, though the matter was adjourned, the respondent failed to file counter and hence, she was set ex parte on 28/4/2007. Later, an ex parte decree was passed on 29/6/2007. For setting aside the said ex parte decree, the interlocutory application in I.A.No.1348 of 2008 was filed with a delay of 470 days. The trial Court after considering the material on record, came to the conclusion that the respondent/wife did not appear before the Court and did not file any counter in the O.P. inspite of giving sufficient opportunity and even after imposing costs. It is the further finding of the trial Court that the respondent failed to explain the delay of 470 days inspite of having the knowledge of passing the ex parte decree. With the aforesaid observations, the application for condonation of delay was dismissed as devoid of merits.

(3.) Heard both sides and perused the record.