C SUBRAMANIAM Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) PLAINTIFF in C.S.No.1643 of 1992 on the file of the High Court, Madras, who is the respondent in application No.3640 and 3641 of 1994 is the appellant herein.

(2.) IN respect of an extent of 2141 sq.ft which is commercial vacant site adjacent to HIG block No. 1/1 at Rajaram Colony, Kodambakkam, Madras-24, the Tamil Nadu Housing Board conducted auction on 22. 7. 1987. The appellant herein was the highest bidder having offered Rs.3,25,000 per ground and the area in question being less than a ground, proportionately the price was fixed at Rs.2. 89. 927. As per the conditions of auction, the plaintiff paid 15% of the cost viz., 48,490 apart from EMD of Rs.5,000 which he paid earlier on 20. 7. 1987. On 12. 11.1987, the Housing Board passed an order of confirmation and balance of the plot cost payable was Rs.2,41,437. Admittedly, this confirmation letter was sent by the Housing Board to the appellant/plaintiff and he was called upon to pay the balance amount within the stipulated period of three months.

(3.) THE respondent herein filed an application to set aside the ex parte order along with an application to condone the delay in filing the same viz.. Application Nos.3640 and 3641 of 1994. In support of the said application, an affidavit was filed by the Clerk by name Manoharan of the then counsel. In the said affidavit it is stated that by oversight the case which was listed on 10. 11.1993 was not noticed and with the result there was no representation on behalf of the respondent herein. when the case was called and that the failure to represent was neither wilful nor wanton.