ALEXANDER Vs. BABU

JUDGEMENT

(1.) The appellant is the defendant in O.S.No.18 of 2004 on the file of the Court of the Subordinate Judge of Mavelikara. The respondent is the plaintiff therein. The relief sought in O.S.No.18 of 2004, which was instituted on 14.1.2004, is to pass a decree for specific performance of Ext.A1 agreement entered into between the parties on 7.3.2003 to sell 12.90 Ares of land together with the building therein, for a total sale consideration of Rs.12,00,000/-.

(2.) After receipt of summons the appellant entered appearance through counsel on 29.1.2004. He thereafter filed his written statement on 16.2.2004. Issues were thereupon framed on 8.8.2008 and the balance court fee was paid on 28.8.2008. The suit thereafter stood posted for trial to 9.9.2009. Affidavits in lieu of chief examination sworn to by the plaintiff and two other witnesses on his side were also filed on 9.9.2009. However, as the learned counsel for the defendant submitted no instructions and the defendant was not present in person, he was set ex-parte, Exts.A1 to A11 produced by the plaintiff were marked, the plaintiff's evidence was closed, arguments in the suit were heard and an ex-parte decree was passed on 19.9.2009. The judgment delivered by the court below decreeing the suit ex-parte reads as follows: