ANAI GOUNDER Vs. MARIA PRAKASAM

JUDGEMENT

(1.) THE petitioner has filed this Civil Revision Petition aggrieved against the order passed by the Court below made in I.A.No.138 of 2008 in O.S.No. 68 of 2006 dated 7.8.2009, wherein and whereby the application filed by the respondent herein seeking for condonation of delay of 316 days in filing the petition to set aside the exparte decree passed on 22.1.2007 is allowed.

(2.) THE petitioner herein as the plaintiff filed a suit in O.S.No. 68 of 2006 on the file of the Sub Court, Mettur against the respondent herein as the defendant seeking for specific performance of an agreement and for permanent injunction restraining the defendant from alienating or encumbering the suit property. The suit was decreed exparte on 22.1.2007. The respondent herein filed an application under Section 5 of the Limitation Act in I.A.No. 138 of 2008 seeking to condone the delay of 316 days in filing the set aside petition. In the affidavit filed in support of the said application the respondent herein as the petitioner therein has raised a plea that no proper notice was served on him in the suit. The petitioner herein has contested the said application by stating that the respondent herein was put on notice properly by the Court below.

(3.) LEARNED counsel appearing for the petitioner contended that in pursuant to the exparte decree passed on 22.1.2007, an execution petition was filed, wherein a sale deed was also executed on 30.6.2007 and only for delivering the suit property the E.P is pending. Therefore, at this stage there is no justification for condoning the delay by the Court below.