MOHAMMED SHAMEER Vs. ABDUL MAJEED

JUDGEMENT

(1.) An appeal under Sec. 104 read with Order XLIII, Rule 1(d) of the Code of Civil Procedure, 1908.

(2.) The respondent filed O.S.No.118 of 2017 before the I Additional Sub Court, Kozhikode against the appellant for recovery of an amount of Rs.90.00 lakhs along with interest. Service of summons in the suit on the appellant was effected through substituted service. Since the appellant failed to appear before the Court, he was set exparte. After recording evidence on the side of the respondent, the suit was decreed on 9/3/2018.

(3.) The respondent filed an execution petition and on getting information regarding the execution proceedings, the appellant approached the Sub Court by filing I.A.No.1325 of 2019 and I.A.No.1326 of 2019 with a prayer to condone the delay of 432 days and set aside the exparte decree dtd. 9/3/2018. The Sub Court, after hearing both sides, dismissed the applications as per a common order dtd. 2/8/2019. Feeling aggrieved thereof, the appellant has preferred this appeal.