THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.150 of 2010 ORDER: Heard both the counsel. The petitioners herein are defendants 10, 11, 14 and 15 in the suit O.S.No.229 of 1989 filed by respondents 1 and 2 herein for declaration, cancellation of registered gift deed, dated 18-10-1986, partition of the suit schedule properties and for other alternative reliefs. Respondents 3 to 12 herein are also defendants. It is stated that originally the said suit was filed against defendants 1 to 7 alone and, thereafter, other defendants were impleaded. It is stated that the 6th defendant died during pendency of the suit and her legal representatives were brought on record as defendants 7, 8, 9 and 13. It is stated that defendants 1 and 2 filed written statements and issues were also framed. Thereafter, the said suit O.S.No.229 of 1989 was clubbed with another suit O.S.No.73 of 2000 and evidence was recorded in O.S.No.229 of 1989. The plaintiffs were examined as PWs.1 and 2 and two independent witnesses were examined as PWs.3 and 4 and Exs.A-1 to A-5 were marked. The 4th defendant was examined as DW.1 and Exs.B-1 to B-9 were marked. After completion of the arguments and after hearing the contesting defendants, preliminary decree was passed on 07-09-2002. Thereafter, the plaintiffs filed final decree petition in I.A.No.902 of 2003 on 02-05-2003. In the final decree petition, defendants 10 to 12 and 14 engaged an advocate, who filed vakalat on 01-07-2003. Thus, petitioners 2 and 3, who are defendants 10 and 11 engaged an advocate in the final decree petition on 01-07-2003. But, it is stated that no steps have been taken to set aside the preliminary decree passed on 07-09-2002. But, only after filing vakalat in the final decree proceedings and after lapse of three months, the petitioners herein have filed an application in I.A.No.1939 of 2003 on 20-10-2003 to condone the delay of 397 days in filing the petition under Order IX Rule 13 CPC. The court below dismissed the said application by order, dated 27-10-2009. Aggrieved thereby, the present Civil Revision Petition is filed. Learned counsel appearing for the petitioners submits that though the petitioners have approached an Advocate by name K.Devarajan, who is representing D-2 and D-6, and having obtained the signatures of the petitioners in the vakalat, he did not file any vakalat and, therefore, they remained ex-parte. It is stated that the said Advocate has got vested interest and in fact as the G.P.A. holder he executed registered sale deeds, which is the subject matter of the suit. It is stated that the petitioners are not known about not filing of vakalat and they came to know about passing of ex-parte decree only when they received notices in the final decree petition. Therefore, the said delay has been occurred. Learned counsel appearing for respondents 1 and 2-plaintiffs submits that admittedly preliminary decree was passed on 07-09-2002 and final decree petition was filed on 02-05-2003 and in fact, the petitioners herein filed vakalat in the final decree petition on 01- 07-2003. There was no explanation explaining the delay in not filing the application to set aside preliminary decree till 20-10-2003 i.e., for a period of three months twenty days. I have perused the affidavit. Absolutely, no reasons have been shown for not filing the application to set aside the preliminary decree even after receiving notices in the final decree petition. But, however, the petitioners have not filed affidavit of the previous Advocate and the said allegations have not been established or proved and such allegations can be made against any one or everyone. Having regard to the facts and circumstances of the case, I am of the opinion that the court below had rightly dismissed the said application and this court does not find any infirmity legal or otherwise in the impugned order so as to call for interference by this Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. __________ 08-07-2011 Prv