K. SAI SRI Vs. MURALI

JUDGEMENT

(1.) This civil revision petition is directed to set aside the order dtd. 4/11/2020 in I.A.No.198 of 2019 in O.S.No.46 of 2013 on the file of the Judge, Family Court-cum-VI Additional District Judge, Nalgonda.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondent. Perused the record.

(3.) The petitioner-plaintiff filed suit in O.S.No.46 of 2013 for specific performance of agreement of sale dtd. 6/7/2012 against the respondent-defendant. After receipt of summons, he engaged an Advocate and filed vakalat. Thereafter, he approached the petitioner and her husband about filing of false case against him and asked her to withdraw the case. But, they refused for the same. He approached the elders and the elders advised the petitioner and her husband to withdraw the suit and return original documents and they accepted the same before the elders and sought time for withdrawal of the suit. He was under the impression that the petitioner may withdraw the suit and return the documents. As such, he could not contact his counsel to contest the case as he went to Surat for her livelihood for a long period. It is stated that he came to know that the ex parte decree was passed in the suit on 2/12/2016 due to non-filing of written statement in the suit. After receiving the summons in E.P. he had approached the petitioner and her husband and asked them to withdraw the case. In this regard, several times panchayats were held before the elders and inspite of their request, the petitioner did not heed the advice of the elders. On 10/2/2019 he has approached his counsel and filed application to set aside the ex parte decree on 2/12/2016 along with the present application in I.A.No.198 of 2019 under Sec. 5 of Indian Limitation Act, 1963 to condone the delay of (773) days from 2/1/2017 to 14/1/2019 in filing the petition to set aside the ex part decree dtd. 2/12/2016 passed against him in the suit. It is stated in the affidavit that the said delay is neither willful nor negligent one but only due to above mentioned reasons. If the said delay is not condoned and his application to set aside the ex parte decree is also not allowed, it would cause irreparable loss and injury to him.