The petitioners are the defendants and the respondent is the plaintiff in O.S.No.734 of 2006. The plaintiff filed the suit for injunction against the defendants restraining them from interfering with his peaceful possession and enjoyment in respect of the suit schedule property. The petitioners-defendants remained ex parte on 21-8-2006. Subsequently they moved application to set aside the ex parte order and their application came to be allowed granting time to file written statement on 5-12-2006. The petitioners-defendants failed to file the written statement on 5-12-2006 and consequently the suit came to be decreed on 25-1-2007. The petitioners – defendants filed petition under Order IX Rule 13 of C.P.C. to set aisde the ex parte decree along with delay condonation application. The delay to be condoned is 243 days. The learned III-Additional Junior Civil Judge, on considering the material brought on record and on hearing the Counsel appearing for the parties, came to the conclusion that the petitioners – defendants failed to explain the delay of 243 days in filing the application under Order IX Rule 13 of C.P.C. and thereby proceeded to dismiss the delay condonation application by order dated 5-5-2009. Hence, this revision.
