VEMULAPALLI BIXAPATHI Vs. MULAGUNDLA ANUSHA

JUDGEMENT

(1.) This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioners/defendants, challenging the order, dated 12.02.2013, passed in I.A.No.163 of 2012 in O.S.No.42 of 2011, by the Junior Civil Judge at Mulugu, whereby, the petition filed by the revision petitioners/defendants under Section 5 of the Limitation Act, 1963, to condone the delay of 143 days in filing the application to set aside the ex parte decree, dated 21.12.2011, was dismissed.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the revision petitioners/defendants would submit that in spite of showing sufficient and justifiable cause, the Court below declined to condone the delay of 143 days in filing the application to set aside the ex parte decree, dated 21.12.2011. The revision petitioners/defendants have got documents to their credit to substantiate their case. The revision petitioners/defendants, being agriculturists and rustic persons, are not aware of the legal procedures. As there were laches on the part of the advocate representing the revision petitioners/defendants before the Court below, ex parte decree, dated 21.12.2011, came to be passed. Since the subject suit is for perpetual injunction, substantial justice is required to be rendered and an opportunity is required to be given to the revision petitioners/defendants to put forth their defences in the suit and ultimately prayed to set aside the order under challenge and allow the Civil Revision Petition as prayed for.