JUDGMENT

Dated this the 01st day of December, 2021 Petitioner is the 6th defendant in O.S.No.81 of 2009 on the files of the IInd Additional Sub Court, Thiruvananthapuram. The suit was filed by respondents 1 and 2 seeking recovery of an amount of Rs.45 lakhs together with interest from the defendants and their assets. The dispute is with regard to the violation of an agreement for construction of a Villa in the project floated by the defendants. According to the first respondent, despite payment of the entire amount towards construction cost of the Villa, defendants flouted the terms of agreement and failed to deliver the Villa as promised.

2. Having failed to appear in the suit, petitioner was set exparte on 15.12.2009. Application for setting aside the ex-parte order was filed on 07.03.2019 and by Ext.P3 order, trial court dismissed the application finding that the application was filed beyond the period of limitation prescribed under Article 137 of the Limitation Act and that the explanation offered by the petitioner for the inordinate delay of more than 10 years is insufficient. Aggrieved, this original petition is filed.

3. Learned Counsel for the petitioner contended that the c