THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.396 of 2022

ORDER:

The present Civil Revision Petition is filed under Article 227 of Constitution of India assailing the order in I.A.No.710 of 2018 in O.S.No.148 of 2010, dated 15.04.2021 passed by learned Principal Junior Civil Judge, Huzurabad, filed under Section 5 of the Limitation Act to condone the delay of 2,742 days.

2. Petitioners are the defendants and the respondent is the plaintiff in O.S.No.148 of 2010.

3. Learned counsel for the petitioners submits that the trial Court ought to have seen that summons/notices in O.S.No.148 of 2010 on the file of learned Principal Junior Civil Judge, Huzurabad are not served on the petitioners to enable them to appear before the Court and ought to have verified whether summons are served on the petitioners or not. The trial Court ought to have seen that there is sufficient cause in not approaching the trial Court within time to set aside the ex parte decree and the petitioners came to know about the ex parte decree in the RDO appeal where the respondent has filed a copy of the order passed in O.S.No.148 of 2010 dated 10.02.2011. Delay occurred in filing the petition in s