PUSHPALATHA Vs. DEVARAJ

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 12.04.2006 made in CMA.No.13/2005 by the learned Subordinate Judge, Padmanabhapuram, confirming the order dated 3.10.2005 made in IA.No.376/2003 in OS.No.235/1999 by the learned Principal District Munsif, Padmanabhapuram.

(2.) THE 1st Respondent herein as Plaintiff filed the suit in OS.No.235/1999 against Thangamma Nadachi, the grand mother of the Revision Petitioner herein for specific performance of the sale agreement dated 15.7.1999. It is stated that on the first date of hearing i.e. on 22.1.1999 one Selvamani, Advocate had entered appearance and filed a Written Statement conceding to pass a decree in favour of the 1st Respondent/ Plaintiff. Subsequently issues were framed and when the case was listed for trial, the Defendant remained absent and hence, an exparte decree was passed against the Defendant/Thangamma Nadachi.

(3.) THE grounds, on which the Defendant/Thangamma Nadachi sought to set aside the decree, are stated below:-