SANKARALINGAM Vs. V RAHURAMAN

JUDGEMENT

(1.) THE above revision petition has been filed against the order dismissing an application filed under Section 5 of the Limitation Act, praying the Court to condone the delay of 371 days in filing the petition to set aside the ex parte decree.

(2.) THE respondent as plaintiff filed a suit in O.S.No.926 of 1994 on the file of the Sub Court, Salem against the petitioners herein (as defendants 4 and 5) and three others (as defendants 1 to 3), praying the Court to grant a decree for specific performance of the sale agreement dated 15.10.1993 by receiving the balance balance of sale price of Rs. 12,000 and executing a sale deed in his favour in respect of the suit property and in default, the Court to execute the sale deed in his favour and for other reliefs. THE suit O.S.No.926 of 1994 which was originally filed before the Sub Court, Salem was subsequently transferred to the Sub Court, Attur in the year 1997 (after constitution of Sub Court at Attur) and the suit was renumbered as O.S.No.366 of 1997.

(3.) THE trial Court after considering the entire matter found that the petitioners have not substantiated their claim and that the explanation put forward is totally unacceptable.