IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
VILASINIYAMMA – Appellant
Versus
BIJUKUMAR – Respondent
ORDER
The revision petitioner is the defendant in O.S.
No.325/2016 on the file of the Munsiff Court, Kattappana. The suit was filed by the respondent for the balance amount due on the construction of a building. The petitioner entered appearance on 13.02.2017 and had also filed I.A.No.307/2017 for the appointment of an Advocate Commissioner, to report on the construction. On 13.04.2017 the petitioner was set exparte since no written statement had been filed. On 31.07.2017 an exparte decree was passed. The exparte decree was set aside by order in I.A.No.1589/2017 and the case was posted for filing of written statement on 05.10.2018. No written statement was filed even thereafter. The petitioner was again set exparte on 16.11.2018. An exparte decree was passed on 31.01.2019. The present petition is filed for setting aside the said exparte decree along with an application for condonation of delay of 201 days. The court below took note of the earlier proceedings in the case and held that there is no proper explanation for the failure to file the written statement in time. It is also noted in the order that no request was made for orders on the commission application and the application
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