IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 323 of 2011(O)
1. AJITHA RAJENDRAN, VILAYIL VEEDU,
... Petitioner
Vs
1. SHYLAJA, KAKKIDIYIL,
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/01/2011
O R D E R
K.T.SANKARAN, J.
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O.P.(C).No.323 of 2011 O
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Dated this the 25th day of January, 2011
JUDGMENT
The defendant in O.S.No.362 of 2003 on the file of
the Sub Court, Kollam, against whom an ex-parte decree
was passed on 26.10.2005, filed application to set aside the
ex-parte decree on 5.3.2010. The trial court dismissed the
applications. On appeal, the appellate court confirmed that
order.
2. The suit was filed by the respondent for realisation
of a sum of ` 1,17,000/- on the basis of an agreement. The
suit was filed on 20.9.2003. The first posting of the case was
on 2.12.2003. The defendant entered appearance and prayed
for granting time for filing written statement. The suit was
posted for filing written statement on 26.3.2004. It was
adjourned to 24.7.2004. The defendant did not file any written
statement. She was set ex-parte on 24.7.2004. Thereafter,
O.P.(C) No.323/2011 2
an ex-parte decree was passed on 26.10.2005. When execution
proceedings were initiated, the defendant filed the application for
setting aside the ex-parte decree on 5.3.2010. There was a delay
1561 days in filing the application to set aside the ex-parte
decree. The only reason stated by the petitioner/defendant for
condoning the delay was that from 2004 onwards, she was laid
up due to rheumatism and therefore, she could not contact the
counsel and file the written statement. No medical certificate
was produced. The petitioner was not examined also. There was
no evidence before the court below to accept the case of the
petitioner. No grounds were made out to condone the delay.
The courts below rightly dismissed the applications and the
appeal.
For the aforesaid reasons, the Original Petition is dismissed.
K.T.SANKARAN
JUDGE
csl
O.P.(C) No.323/2011 3