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1977 Supreme(Ker) 283

G.BALAGANGADHARAN NAIR, V.P.GOPALAN NAMBIYAR
NABEESSU – Appellant
Versus
KUNHAMINA – Respondent


Judgment :-

1. This Civil Miscellaneous Appeal arises out of the order of Sub Judge, Tellicherry, refusing to set aside an ex parte decree. The only ground on which the application to set aside the ex parte decree was dismissed was that I.A. No. 391 of 1975 filed to excuse delay in filing the application bad been dismissed. The revision-petition is preferred against the order on the I.A.; and Civil Miscellaneous Appeal, against the order rejecting the application to set aside the ex parte decree. The Civil Revision Petition has not been admitted, but was directed to be posted along with the Civil Miscellaneous Appeal. We think it unnecessary to deal separately with the CRP., as the grounds which led to the rejection of the application to excuse delay can well be heard as part of the Civil Miscellaneous Appeal against the order refusing to set aside the ex parte decree. We accordingly dismiss the Civil Revision Petition.

2. Dealing therefore with the Civil Miscellaneous Appeal, the question for consideration is whether the application to excuse delay was filed out of time and whether the learned judge was right in refusing to excuse delay in filing the application. The time limit is






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