ORDER

Respondent, uncle of mother of the petitioner allegedly executed assignment deed No.3143 of 1986 of S.R.O, Udma in favour of petitioner. Later, on April 08, 2003 respondent filed O.S.No.157 of 2003 in the Court of learned Munsiff, Kasaragod to set aside that document on the ground that respondent is a deaf person and that the document was got executed by fraud. Petitioner is said to have been served in the suit by substitute service under Rule 20 of Order V of the Code of Civil Procedure (for short, "the Code”). Following that, he was set ex parte and that was followed by an ex parte decre on June 31, 2003. On August 22, 2007 petitioner filed I.A.Nos.1447 and 1448 of 2007 to set aside the ex parte decree and to condone the delay of 1480 days in filing the application. Those applications were opposed by the respondent contending that petitioner was duly served by substituted service. Partied led evidence on their respective contentions. Learned Munsiff found that petitioner was served, the delay has not been properly explained and dismissed I.A.Nos.1447 and 1448 of 2007. Petitioner carried the matter in appeal in C.M.A.No.16 OF 2008. Learned District Judge refused to interfere