P S SAN BASHA Vs. N GOVINDAN

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) CHALLENGING the order and decretal order, dated 24.04.2009 made in I.A.No.451 of 2009 in I.A.No.237 of 2008 in O.S.No.9 of 2007 on the file of the learned District Munsif-cum-Judicial Magistrate, Pennagaram, the present revision has been preferred.

(3.) IT is an undisputed fact that a suit in O.S.No.39 of 2007 pending between the petitioner and the respondent, based on an alleged agreement for sale, dated 19.03.2006. The respondent herein has filed the suit against the petitioner, seeking a decree for specific performance, based on the said agreement. In the said circumstances, the petitioner, being the defendant has to defend the suit by raising his legal defence. However, the petitioner herein had filed the suit in O.S.No.9 of 2007, challenging the agreement, dated 19.03.2006 entered into between himself and the respondent, but without prosecuting the case properly, the petitioner herein left it for dismissal and subsequently, filed petition to restore the suit along with an application to condone the delay. Though the Court below had liberal approach in allowing the application to condone the delay and passed a conditional order, that was not complied with by the petitioner.