Set side pettion after exparty decree

mabusubhani (Querist) 08 August 2017 This query is : Resolved
in OS Defendent Apporach the court with her lawyer to file vakalatha.Then after they should take any care about this suit.(Suit purpose: To register the house to put remaining bal which was said in the sale agreement on Stamps Papers Rs :100).In this case court given order to recieve remain bal to regsiter said property in the three months. But Defendents file IA at exatlky 180th day after the decree pass.this can maintainable or not

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Azhagananth (Expert) 08 August 2017
It is the Discretion court, to allow such petition. The procedure is that, the other should have filed Petition under section 5 of limitation Act along with order 9 Rule 13 of C.P.C.

if the courts fell proper and bonafide reasons for such delay and Exparte, it may allow the petition.

if the petition lack proper and bonafide reason then the court will dismiss the petition.