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2013 DIGILAW 3094 (MAD)

P. Sekar v. Deccan Finance Ltd. , rep. by its Deputy Managing Director

2013-08-30

M.JAICHANDREN, M.M.SUNDRESH

body2013
Judgment : M.M. Sundresh, J. 1. The appellant herein is the 1st defendant in the suit in C.S.No.155 of 2007. The respondent/plaintiff filed the suit for recovery of money. In view of the absence of the appellant in the Suit, an ex parte decree was passed on 13.7.2009. Thereafter, the appellant filed an application before the learned single Judge, seeking to condone the delay of 1343 days in filing an application to set aside the ex parte decree, on the ground that he had not been served with the summons and therefore, he could not appear before the Court. 2. A perusal of the order passed by the learned single Judge would show that the learned single Judge had verified the records with regard to the service of the summons on the appellants by calling for the papers from the Registry. After verifying the same, the learned Judge came to the factual conclusion that the appellant was served with the summons on 4.4.2007. Therefore, the learned single Judge dismissed the application by holding that the statement made by the appellant/petitioner that he was not served with the summons is incorrect and the application filed by him lacks bona fides. We do not find any error in the order passed by the learned single Judge. It is seen that the appellant has filed a false affidavit before learned single Judge seeking to set aside the ex parte decree and condonation of the delay in filing thereof. The delay has not been explained properly. In fact, the learned single Judge has also found that the averments made in the application were per se misleading and incorrect. Further, the suit has been filed, in the year 2007, for recovery of money. The transaction was made in the year 2001. At this length of time, we do not want to allow this Appeal. Accordingly, the Original Side Appeal is dismissed. No costs. M.P.No.1 of 2013 is closed.