K.MANIKANTHA Vs. K.MADHAVI LATHA

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the propriety and legality of the order dtd. 11/1/2023 in I.A.No.136 of 2021 in O.S.No.20 of 2018 on the file of the Principal District Judge at Jogulamba, Gadwal.

(2.) The petitioners/defendants filed I.A.No.136 of 2021, under Sec. 5 of the Limitation Act, 1963, seeking condonation of delay of 661 days in filing the petition to set aside the exparte decree passed against them. The plea of the petitioners is that the suit was posted for filing their written statement, but their counsel did not inform them about it and so they could not file the written statement within time and the Court consequently forfeited their right to file written statement and on 27/8/2019, exparte decree was passed and that they were residents of Bellary and their's is a big family and the petitioners 2 to 4 are students preparing for competitive examinations and that the first petitioner does not know about the facts of their case and their counsel did not inform them anything about their case.

(3.) The respondents/plaintiffs filed counter denying the plea taken by the petitioners and alleged that the petitioners had suppressed material facts and that the delay is abnormal and explanation given is not satisfactory and so there is no sufficient cause shown by the petitioners to condone the delay and therefore, the petition is liable to be dismissed.