HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1721 of 2014 Date : 26-6-2014 Between :
M/s. United Steel and Metal Udyog, Represented by its Authorised Officer, Hyderabad .. Petitioner And M/s. Kevin Enterprises, Represented by its Proprietor Mr. Benoj Kuriakose, Hyderabad .. Respondent Counsel for petitioner : Sri Pogada Krishna Arjun Counsel for respondent : --
The Court made the following :
ORDER :
This Civil Revision Petition arises out of order dated 21-1-2014 in I.A.No.623 of 2012 in O.S.No.522 of 2008 on the file of the learned VIII Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar, whereby he has dismissed the application filed for condonation of delay of 1037 days in filing the application for setting aside the order dismissing the suit for default.
In the affidavit filed in support of the application, the petitioner stated that he was suffering from viral fever and abdominal pain due to which he was under medication and that in view of the said ill-health, he could not file chief- examination affidavit resulting in the dismissal of the suit for default on 25-3-2009. The lower Court, in the order under revision has observed that except raising the plea of ill- health, the petitioner failed to file any medical record and that he has failed to show sufficient reason by which he was prevented from filing the application for setting aside the exparte decree within time.
Indisputably, the petitioner has not filed any medical evidence to prove his ill-health. In view of the fact that the delay is abnormal, the burden lies heavily on the petitioner to show that he was prevented by sufficient cause from filing an application for setting aside the exparte decree within the stipulated time. No effort has been made by the petitioner to substantiate his ipsi dixit that his illness caused abnormal delay. On a careful consideration of the pleadings of the petitioner unsupported by any evidence and the reasons given by the lower Court, I do not find any error, jurisdictional or otherwise, for interference with the order of the lower Court.
The Civil Revision Petition is accordingly dismissed.
Justice C.V. Nagarjuna Reddy Date : 26-6-2014 AM