ORDER :

[C.M.P.No.8822 of 2022 is filed under Section 5 of the Limitation Act, to condone the delay of 3825 days in filing the Memorandum of Appeal.]

[A.S.Sr.No.51551 of 2022 is filed under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, to set aside the Decree and Judgment dated 24.08.2011 passed in O.S.No.101 of 2009 on the file of the Principal District Judge, Vellore.]

1. The Civil Miscellaneous Petition is filed to condone the delay of 3825 days in filing this present Appeal Suit against the Decree and Judgment dated 24.08.2011 passed in O.S.No.101 of 2009 on the file of the Principal District Judge, Vellore.

2. The learned counsel for the petitioner vehemently contended that based on the ex-parte decree, Sale Deed was executed in favour of the respondent by the Court in the year 2012 and the petitioner was not provided with an opportunity to contest the suit. Substituted Service was effected and based on the Substituted service, ex-parte decree was passed against the petitioner. Thus, the decree itself is fraudulent and therefore, an opportunity is to be provided to the petitioner to contest the case by condoning the delay of 3825 days.

3. The fact reveals t