Common order

These two revisions are directed against the common order dated 20.03.2006, passed by the I Additional Senior Civil Judge, Nellore. By the said common order, the applications in I.A. Nos. 578 and 579 of 2005 in O.S. No. 88 of 2004, filed by the respondents-defendants, one seeking to set aside the ex parte decree dated 19.08.2004 and the other seeking to enlarge time for filing written statement by condoning the delay of 429 days, was allowed.

Few facts necessary for the disposal of the C.R.Ps. may be noted, and they run thus:

The respondents-defendants, in the affidavit filed in support of the I.A.s., stated that they entrusted the vakalat to one Sri. Sanjeeva Kumar, Advocate. During the pendency of the suit, he died. According to them, they requested the counsel to file written statement on their behalf, but for the reasons best known to him, he did not file. There is no negligence on their part. The period of limitation to file the written statement was over by 12.07.2004. Due to non-filing of written statement, ex parte decree was passed in the suit against them on 19.08.2004. It is specifically averred that due to lapses on the part of the previous counsel