P.SOUNDAR Vs. L.VIMALA

JUDGEMENT

(1.) The plaintiff is the revision petitioner herein.

(2.) The petitioner/plaintiff filed a suit in O.S.No. 59 of 2011 for specific performance before the learned Subordinate Judge, Gudiyattam, Vellore District and the said suit was set exparte decree. The suit property was originally belonged to the defendants 1 to 10 and they executed the suit sale agreement dated 22.10.2007 in favour of the plaintiff. Initially, the plaintiff filed a suit in O.S.No. 193 of 2008 for permanent injunction on the file of the District Munsif Court, Gudiyattam and the same is pending. The defendants 1 to 10 are the original owners and the defendants 11 to 13 are the Power of Attorney Agents. The defendant had purchased the suit property under the sale deed dated 02.06.2016 but the suit was filed before the Subordinate Court, Gudiyattam on 06.06.2011.

(3.) After filing the written statement, the matter was posted for trial. The defendants did not turn up and therefore, an ex-parte decree was passed on 09.10.2013. Based upon the ex-parte decree, the plaintiff has also deposited the balance sale consideration of Rs.1,41,000/- on 03.01.2007 and thereafter, the plaintiff/Decree Holder filed an Execution Petition No. 37 of 2015 before the Subordinate Court, Guidiyattam, for getting sale deed and the same is pending. At that time, the 14th defendant filed an I.A.No. 86 of 2015 under Section 5 of the Limitation Act, to condone the delay of 436 days to set aside the ex-parte decree dated 09.10.2013 on the ground that due to suffering from jaundice, the respondent/14th defendant went to her native place for medical treatment. The aforesaid I.A.No.86 of 2015 was allowed with some condition. Hence the present revision has been filed before this Court.