N.SHIBU Vs. CHATHAMBATH MURALEEDHARAN

JUDGEMENT

(1.) The appellant is the defendant in O.S No.123/2011 on the file of the Court of the Subordinate Judge, Tirur. The respondent in this appeal was the plaintiff in the above suit.

(2.) The case of appellant in the memorandum of appeal, is as follows: The respondent had filed the suit seeking a decree for specific performance of an agreement of sale. The appellant had filed a written statement denying the allegations in the plaint. The suit was listed for trial on 8.12.2015. On the said date there was no representation for the appellant and he was set ex parte. The court below by its judgment and decree dated 11.12.2015, decreed the suit as prayed for. The appellant filed I.A No.139/2019 in the suit under Order IX Rule 13 of the Code of Civil procedure read with Section 5 of the Limitation Act to condone the delay of 1138 days in filing the application to set aside the ex parte decree and to set aside the decree passed on 11.12.2015. The court below by the impugned order dated 31.8.2019 dismissed the application on the ground that there was no sufficient reason to condone the delay and set aside the ex parte decree.

(3.) It is aggrieved by the said order dated 31.8.2019 passed by the court below in I.A No.139/2019, that this appeal is filed.