MIR MOHSIN MOHIUDDIN ALI KHAN Vs. MOHD. JANI

JUDGEMENT

(1.) Challenging the order of the Court of III Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.2359 of 2015 in O.S. No.387 of 2011 dtd. 6/1/2017, the present Civil Revision Petition is filed.

(2.) I.A.No. 2359 of 2015 is an Interlocutory Application filed by the revision petitioner herein who is the defendant to the suit in O.S.No.387 of 2011 seeking to condone the delay of 1246 days in filing an application to set aside the exparte decree that was passed against him. The said application was filed under Sec. 5 of Limitation Act. The request to condone the delay was negatived by the Court and aggrieved by the said finding, the revision petitioner is before this Court.

(3.) Heard the submission of learned counsel for the revision petitioner. Though Sri Mohd. Nasrulla Khan, Advocate is on record representing the respondent, yet, the learned counsel failed to make his appearance and submit his contention in spite of granting ample opportunities. Having regard to the factual scenario, as narrated above, the point that emerges for consideration is;