ORDER :

(Prayer in C.R.P.No.3902 of 2014:- Civil Revision Petition filed under Section 115 of CPC to set aside fair and final order dated 10.09.2014 passed in R.E.P.No.71 of 2013 in O.S.No.164 of 1998 on the file of the Principal District Munsif at Salem and the allow the above C.R.P and pass such further or other orders as may be deemed fit and proper.)

(Prayer in C.R.P.No.1887 of 2019:- Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 26.03.2019 made in I.A.No.1401 of 2015 in O.S.No.164 of 1998 by the I Additional District Munsif, Salem and thereby condone the delay and afford an opportunity of hearing.)

1. The Civil Revision Petition in C.R.P.No.3902 of 2014 has been filed as against the fair and final order dated 10.09.2014 passed in R.E.P.No.71 of 2013 in O.S.No.164 of 1998 on the file of the Principal District Munsif at Salem, thereby allowing the petition under Order 21 Rule 11 of CPC to send the Judgment Debtor to the civil prison for willful disobedience of the decree in O.S.No.164 of 1998.

2. The Civil Revision Petition in C.R.P.No.1887 of 2019 has been filed as against the order dated 26.03.2019 made in I.A.No.1401 of 2015 in O.S.No.164 of 1998 by the I Additional District Munsif, Salem, thereby dismissing the petition to condone the delay of 4835 days in filing the petition to set aside the exparte decree passed in O.S.No.164 of 1998.

3. The petitioners in both the Civil Revision Petitions are the defendants in the suit filed by the first respondent viz., R.Mallika for mandatory injunction directing the petitioners herein to restore the building in the suit property and also sought for permanent injunction. On receipt of suit summons, the petitioners failed to file their written statement. Therefore, they were set exparte and an exparte decree was passed on 14.06.2001. In pursuant to the said decree, the first respondent filed an execution petition in R.E.P.No.71 of 2013 in order to execute the decree passed against the petitioners herein. On receipt of the said notice, the petitioners filed an application in I.A.No.1401 of 2015 in O.S.No.164 of 1998, to set aside the exparte decree dated 14.06.2001 with a delay of 4835 days in filing the petition to set aside the exparte decree and the same was dismissed. Aggrieved by the same, the present C.R.P.No.1887 of 2019 has been filed. In the execution petition, the execution Court allowed the same and committed the petitioners to civil prison for a period of 15 days for non compliance of the decree passed in O.S.No.164 of 1998.

4. Mr.Hasan Mohamed Jinnah, the learned Senior Counsel submitted that the Judgment and Decree passed in O.S.No.164 of 1998 itself is not in consonance with the procedure laid down under the Code of Civil Procedure. The first respondent failed to add proper party in the suit filed for mandatory injunction and permanent injunction in respect of the suit schedule property. The Trial Court without even confirming any issues and point for consideration simply allowed the suit as prayed for, for the reason that the petitioners did not appear before the Trial Court and failed to file written statement. Therefore, the petitioners have got a good case to succeed in the suit. However, due to frequent change of officers, they could not instruct the counsel properly before the Trial Court. Therefore, the petitioners stated bonafide reasons for non appearance before the Trial Court. Only after receipt of notice from the execution Court, the petitioners instructed their counsel to obtain a copy of the documents which were filed along with the suit and the Judgment and Decree. Thereafter, they directed the concerned person to trace out the bundle and instructed the counsel for filing proper application to set aside the exparte decree. Therefore, there was delay in 4835 days in filing a petition to set aside the exparte decree. The delay is neither willful nor wanton and it happened due to circumstances beyond