VASANTHY Vs. C.PALANISAMY

JUDGEMENT

(1.) The plaintiffs are the revision petitioners herein.

(2.) The revision petitioners/plaintiffs have filed the above said application in I.A.No.123 of 2012 in O.S.No.304 of 2007 seeking to condone the delay of 1271 days in filing the petition under Order IX and Rule 9 and Section 151 of CPC., under Section 5 of the Limitation Act, and to restore the suit which was dismissed for default. The said I.A.No.123 of 2012 was dismissed, hence, the present Civil Revision petition is filed.

(3.) The plaintiffs filed the suit in O.S.No.304 of 2007 for recovery of advance amount of Rs.5,78,000/-lakhs with interest for the sum of Rs.2 lakhs being the principal amount, which was paid under sale agreement entered into between the husband/E.S.Sivaraman of the first plaintiff and the defendants on 06.09.1996. The husband/ E.S.Sivaraman of the first plaintiff has paid the advance amount of Rs.2 lakhs out of the sale consideration of Rs.8,15,625/- and the balance amount has to be paid within a period of six months. Subsequently, the said E.S.Sivaraman died on 10.09.2002. Therefore, after issuing notice to the defendants on 21.12.2005, the plaintiffs filed the suit for return of advance amount.