About revision pition in civil case

mabusubhani (Querist) 05 January 2018 This query is : Resolved
I A Dismissed in OS.Os Judgement is Ex party Decree. ( Here Ex party because they should not file Written Statement).In IA They do not explain why they did not attended court by particular reasons.they filed IA exactly on 180th day after judgement .They file vakalath in Os also .in this circumstances they can file revision, in which grounds

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Sankaranarayanan (Expert) 05 January 2018
How you related to his query? Hope you have appointed a lawyer? what his answer? why, not filed set aside petition?

Ms.Usha Kapoor (Expert) 06 January 2018
Even now it is not too late to file setting aside Exparte Decree petition under OrderIX rule 13 of CPC if you explain sufficient cause for each days delay. Now that you have filed revision petition against dismissal of IA .You can challenge the dismissal of IA and setting aside exparte petition leading to revision in Highcourt on the following grounds1)dismissal of IA or order under Revision is illegal, irregular and unjust.2) The court below should have seen that though some reasonable delay was there defendant filed written statement to show that he has good defense and merits in his case.
3)The court below ought to have seen that if order under revision is allowed the respondent would be given last chance or another chance to prove his side of story or defense and hence the Hon'ble court should pass a decree of revision in respondent's favour. 4)The High court should remand the matter to lower court to try the IA by letting the defendant to file written statement or even allow him to to file a petition for setting aside the exparte decree.5)The court below should not let justice suffer by rejecting IA under Revision and serve justice by allowing the revision petition.