L.ELANGOVAI Vs. KUMARAVEL

JUDGEMENT

(1.) The petitioner who is a plaintiff in O.S.No.170 of 2016 challenges an order, condoning the delay of 280 days in seeking to set aside an exparte decree passed in the said suit, on condition that the respondent/defendant should pay a cost of Rs.2,500/-.

(2.) The suit was one for specific performance. There was an exparte decree on 05.12.2016. The defendant sought to set aside an exparte decree after a delay of 280 days. He came forward with an application in I.A No.330 of 2017, seeking condonation of delay of 280 days in filing an application to set aside the exparte decree.

(3.) The main contention of the defendant was that the suit summons were not served on him and only after notice in the execution petition, he came to know about the exparte decree and has filed the application to set aside the exparte decree along with an application for condonation of delay on 11.10.2017.