LAW FOR ALL

CONDONE THE DEALY OF 2500 DAYS =When the petitioner has taken the specific plea that summons were not served, the lower Court ought to have perused the record and rendered a finding based on the acknowledgment of the suit summons. The lower Court cannot be solely guided by the docket proceedings without verifying the record. The suit was filed for specific performance of an agreement of sale purported to have been executed by respondent No.2. In the said suit, the petitioner was set ex parte and an ex parte decree was passed on 03-09-1997. The petitioner has filed I.A.No.733 of 2004 under Section 5 of the Limitation Act, 1963 for condonation of delay of 2500 days in filing the petition to set aside the ex parte decree.