- (1.)The order in I. A.No.l89/97in O.S. No.3/1980 on the file of the Junior Civil Judge, Kothavalasa, dated 8-9-1997 refusing to condone delay of six years, one month and four days in filing the petition under Order 9 Rule 13 C.P.C. for setting aside the ex parte decree under Sec.5 of the Limitation Act is assailed in this C.R.P.
(2.)The facts giving rise to this C.R.P. as emerging from the affidavit of oneof the petitioners, who is D-5 in the suit, are as under: The suit was decreed on 17-3-1987 and that an appeal A.S.No 40/87 was filed in the District Court, Vizianagaram, entrusting the matter to Sri Boddu Satyanarayana, Advocate of Vizianagaram. He was expecting a communication from him, but he did not get any information. While so he received notice in E.P. No.172/96 on 30-12-1996 and his enquiries revealed that the suit was decreed ex parte on 13-3-1991. It is asserted that he was not aware of the above ex parte decree till he received the notice in E.P. No.172/96. Hence he sought for condonation of delay.
(3.)The above petition is resisted by the respondents/plaintiffs by filing acounter. It is stated that the suit was contested and then an appeal was filed and that the appellate Court remanded the suit and after such remand it resulted in ex parte decree on 13-3-1991. The petitioners averment that they did not enquire about the matter from 1987 to 1997 is said to be false and hence there are no reasonable grounds to condone the delay.