BRAHMAND FARM LANDS LTD. Vs. K. VENKATESAN

JUDGEMENT

(1.) This Civil Revision Petitions is directed as against the fair and decreetal order dated 17.10.2016 passed by the learned Sub Judge, Kanchipuram in I.A.No.470 of 2012 in O.S.No.147 of 2008, thereby dismissing the petition to condone the delay of 793 days in filing the petition to set aside the exparte decree dated 09.05.2009.

(2.) The petitioner is the fourth defendant in the suit filed by the respondent for specific performance on the basis of the agreement for sale dated 16.05.2007. After receipt of the summons, the petitioner engaged counsel and thereafter failed to file written statement. Therefore, he was set exparte and exparte decree was passed by the judgment and decree dated 09.04.2009. Thereafter, the petitioner filed petition to set aside the exparte decree with the condone delay petition and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition.

(3.) The learned Senior Counsel appearing for the petitioner would submit that though the petitioner engaged counsel before the trial Court, he could not be able to file his written statement for the reason that there was an Advocate boycott with regard to bifurcation of Chengalpattu and Kancheepuram District. Therefore, no counsel was allowed to enter into the Court premises as such the petitioner did not file his written statement. He has got very good case to defend the suit and the reasons stated in the affidavit filed in support of the condone delay petition is bonafide one. He further submitted that the suit was filed as against eight persons and all the main contesting persons were conveniently absent except the petitioner herein. The respondent has entered into an agreement for sale with the second defendant in the suit who had no authority to enter into the agreement for sale in respect of the suit property. Therefore, the agreement for sale itself void, ab-initio and the suit is liable to be dismissed.