K.A.MOHAMED SHAFI
K. Jayakumari – Appellant
Versus
Ismail Rawther – Respondent
K.A. Mohamed Shafi, J.
1. This C.R.P. is filed challenging the common order dated 11.8.2000 in I.A. Nos. 1951 & 1957/1999 in O.S. No. 90/98 on the file of the Subordinate Judge's Couft, Mavelikkara.
2. The revision petitioners-defendants in the above suit filed I.A. 1951/99 to set aside he ex parte decree passed against them on 20.8.99 under O. 9 R. 13 C.P.C. and I.A. 1957/99 to condone the delay of 66 days in preferring the application to set aside the ex parte decree under S. 5 of the Limitation Act. The lower court found no ground to condone the delay in filing the application to set aside the ex parte decree and accordingly dismissed both the applications. Hence the defendants have preferred this revision before this Court challenging the common order in both the I.As.
3. The counsel for the respondent vehemently contended that the remedy available to the revision petitioners-defendants is to file an appeal against the order dismissing the application to set aside the ex parte decree taking a ground in the appeal regarding the incorrectness of the order passed by the trial court in the application to condone the delay in preferring the petition to set aside the ex parte decre
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