PUSPALEELA Vs. KALEEL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 07.11.2019, made in I.A.No.1 of 2019 in O.S.No.177 of 2011 on the file of the learned Subordinate Judge, Kuzhithurai.

(2.) The revision petitioner herein is the defendant and the respondent herein is the plaintiff in the suit. The respondent herein / plaintiff filed a suit in O.S.No.177 of 2011 for a prayer of specific performance. An exparte decree was passed by the trial Court. Thereafter, the respondent / plaintiff filed an Execution Proceedings in E.P.No.51 of 2012, for execution of sale deed and another petition in E.A.No.205 of 2017, for delivery of possession. The revision petitioner / defendant filed a petition in E.A.No.346 of 2014 to set aside the exparte order passed in the E.P. The revision petitioner / defendant filed two petitions, one to condone the delay in setting aside the exparte decree, in C.F.No.280, dated 08.04.2014, the said petition was not numbered or was returned and the revision petitioner / defendant filed another petition in I.A.No.1 of 2019, stating that the earlier petitions were misplaced by the Court and the petitioner is filing a fresh petition to condone the delay of 2616 days, that petition was dismissed by the trial Court with costs. Against which, the petitioner preferred this Civil Revision Petition.

(3.) Brief substance of the Petition in I.A.No.1 of 2019 is as follows: