P DEIVASIGAMANI Vs. ASHA SIRAJ

JUDGEMENT

(1.) Animadverting upon the order dated 05.02.2010 passed in I.A.No.37 of 2007 in O.S.No.6 of 2005, by the learned Additional District Court (Fast Track Court-II), Gobichettipalayam, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) Shorn of details, the relevant facts absolutely necessary and germane for the disposal of this revision would run thus: The respondent/plaintiff filed the suit for specific performance on an agreement to sell which emerged between the petitioner and the respondent herein; whereupon the matter was dealt with by the lower Court and ex parte decree was passed consequent upon the failure of the revision petitioner/defendant in participating the proceedings. Subsequently, the revision petitioner filed I.A.No.37 of 2007 under Section 5 of the Limitation Act to get the delay of 61 days condoned in filing the application to get the ex parte decree set aside. After hearing both sides, the trial Court dismissed it.