SHIBI Vs. RAJAN

JUDGEMENT

(1.) THE first defendant in O.S.No.715 of 2009 on the file of the Principal Sub Court, Thiruvananthapuram is the petitioner. The suit was instituted by the respondents herein seeking damages to the tune of Rs.2 lakhs.

(2.) THE case of the respondents is that the petitioner had agreed to purchase 11.900 cents of property owned by the respondents for an amount of Rs.1.25 lakhs per cent. An amount of Rs.8 lakhs was paid by the petitioner as earnest money to the respondents. Thereafter, the petitioner failed to perform his part in paying the balance sale consideration within time.

(3.) ACCORDING to the petitioner, he was away from his house and the summons issued to him was accepted by his wife on 18.8.2009. However, the same was lost later and the matter was informed through his counsel at Thrissur. Only on enquiry, the petitioner came to know that the suit was decreed ex parte. Thereafter, the petitioner filed I.A.No.2637 of 2010 (Ext.P4) for setting aside that ex parte order. The court below though allowed that application, imposed a condition that the petitioner shall deposit Rs.1 lakh as security. Hence, this original petition.