A MURUGESAN Vs. JAMUNA RANI

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal is preferred by the defendant, in Original Suit No. 92/1997 on the file of Sub-Judge, Chidambaram, aggrieved by the order dated 17.04.2014, passed by the High Court of Judicature at Madras, dismissing the Civil Revision Petition (NPD) No. 1202 of 2014. By virtue of the aforesaid order, the High Court has confirmed the order of the Trial Court, dismissing the application filed by the petitioner, under Order IX Rule 13 of CPC.

(3.) The respondent-plaintiff has filed the aforesaid suit for specific performance of the Agreement dated 11.10.1995. It is a case of the respondent-plaintiff that out of total consideration of Rs.3,00,000/-(Rupees Three Lakhs), he has already paid Rs.2,25,000/-(Rupees Two Lakh Twenty-Five Thousand) and in spite of his readiness to pay the balance amount, the appellant-defendant is not ready to execute the sale deed by receiving the balance consideration amount. During the trial, the aforesaid suit was listed for hearing on 16.03.2009. On the aforesaid date, on the ground that there was no representation on behalf of the appellant, the appellant was put ex-parte, and ex-parte decree was passed, decreeing the suit.