(Original Side Appeal filed against the fair and decretal order dated 11.8.2005 passed by the learned single Judge of this Court in Application No.915 of 2005 in C.S.No.1613 of 1991.)

M. Karpagavinayagam, J.

The appellant is the defendant.

2. The plaintiff filed the suit for recovery of the money payable as damages for the delay in delivery of the goods. Despite service of summons, the defendant did not choose to appear. Therefore, ex parte decree was passed on 31.8.1995. When the notice was served in the execution petition filed in pursuance of the said decree, the applicant/appellant approached the trial Court for condonation of the delay of 3415 days (about 10 years) in filing the application to set aside the ex parte decree.

3. According to the learned counsel for the appellant, the fact that the ex-parte decree was passed on 31.8.1995 came to be known to the appellant only after service of E.P. notice on 14.9.2004 and therefore, there was a delay. The same can be condoned for the purpose of giving an opportunity to the defendant/appellant to contest the suit. He cited the following decisions:

1) CHHABI KULAVI AND ANOTHER v. GANESH CHANDRA MONDAL (JT 2001(1) SC 267);

2)