The Civil Revision Petitioner herein is the applicant in I.A.No.184 of 2003 and the second defendant in the suit O.S.No.558 of 1999 on the file of the learned Additional Subordinate Judge, Salem. The Civil Revision petitioner has filed an Interlocutory Application No. 184 of 2003 praying to condone the delay of 539 days in filing the application to set aside the exparte decree passed against the revision petitioner on 10.07.2001, under section 5 of the Limitation Act. In the said application, the revision petitioner/applicant/second defendant has inter-alia stated that for non-filing of written statement, the revision petitioner/applicant/second defendant was set exparte and that exparte decree was passed on 10.07.2001 and the then Advocate for the Civil revision petitioner/applicant/second defendant did not inform the factum of exparte decree to the revision petitioner and only when the civil revision petitioner received the execution notice, the civil revision petitioner came to know about the passing of exparte decree.

2. In the counter filed by the respondent/plaintiff, it is stated that the revision petitioner/applicant/second defendant has not filed the written st