ORDER

The revision petitioner was the sole defendant in O.S.No. 80 of 2015 on the files of the Munsiff Court, Mavelikara filed by the respondent, for eviction, recovery of possession and arrears of rent. The suit was decreed ex parte on 19.01.2017. The petitioner filed I.A. No. 2899 of 2018 under Order IX Rule 13 of the Code of Civil Procedure , 1908, seeking to set aside the ex parte decree. Since there was a delay of 710 days in filing the petition, he filed I.A. No. 2900 of 2018 under Section 5 of the Limitation Act , seeking to condone the delay.

2. It was contended by the revision petitioner that he had engaged a counsel to appear for him in the suit. However, the counsel did not update the petitioner about the progress of the suit. It was only when the petitioner received notice in the execution petition that he came to know about the ex parte decree. Therefore, the petitioner could not file the written statement. Accordingly, he prayed for condonation of the delay and to set aside the ex parte decree.

3. The respondent/plaintiff filed an objection to the above interlocutory applications stating that the contention of the petitioner that he came to know about the ex parte decr