Union of India, represented by the General Manager, Integral Coach Factory v. Shiradas Damani, Proprietor, M/s. Allied General Sales Corporation
2011-10-13
R.SUDHAKAR
body2011
DigiLaw.ai
JUDGMENT :- 1. This Civil Revision Petition is filed challenging Order and Decretal Order dated 10.12.2004 passed in I.A.No.14245 of 2004 in O.S.No.3188 of 2002 on the file of the V Assistant City Civil Court, Chennai. 2. The respondent/plaintiff filed a suit O.S.No.3188 of 2002 before the City Civil Court interalia directing the revision petitioners/defendants to pay the respondent/plaintiff certain amount which suit came to be decreed exparte on 19.11.2002. The revision petitioners/defendants filed I.A.No.14245 of 2004 under Section 5 of the Limitation Act for condonation of delay of 659 days in filing the petition to set aside the ex parte decree passed on 19.11.2002 in O.S.No.3188 of 2002. The Court below held that the delay has not been properly explained and dismissed the application on 10.12.2004. Challenging the same, the present Civil Revision Petition has been filed on 25.10.2005. 3. In the meanwhile, it is fairly stated by the learned counsel for the revision petitioners that the respondent/plaintiff filed an execution petition wherein the entire amount due as per the decree was paid. 4. In the present revision petition, the contention of the revision petitioners is that the Court below should have condoned the delay of 659 days in filing the petition to set aside ex parte decree. If that being the case, on going through the reasons set out in the application and the findings of the court below it is clear that the reason adduced by the revision petitioners that the summons was misplaced and therefore, the delay happened clearly establishes the fact that the revision petitioners were not serious about the court proceedings. In any event, the delay of 659 days (i.e.) nearly two years cannot be easily condoned unless proper explanation is submitted which is lacking in the present case. The court below was justified in dismissing the application by referring the various dates on which the court notice was issued and the failure on the part of the revision petitioners to appear and defend the matter on merits. This Court is unable to find any reason to interfere with the order of the court below as there is no infirmity and illegality per se. 5. In the result, the order and decretal order of the learned V Assistant Judge, City Civil Court, Chennai, is confirmed. The Civil Revision Petition is dismissed at the admission stage.