SIVAGANGAI Vs. N.SAMBATH

JUDGEMENT

(1.) The defendants in O.S.No.219 of 2008 on the file of the Principal Sub Court, Puducherry are the revision petitioners herein. They are aggrieved by an order dtd. 4/9/2017 in I.A.No.33 of 2015 which Interlocutory Application had been filed by them under Sec. 5 of the Limitation Act, seeking to condone the delay of 1284 days in filing a petition to set aside the exparte Judgment and Decree in the aforementioned suit. That exparte decree was passed on 7/6/2011.

(2.) O.S.No.219 of 2008 had been filed by the respondent herein seeking specific performance of an Agreement of Sale dtd. 12/11/2005 and in the alternate, seeking refund of the advance amount in accordance with the Agreement of Sale and also for permanent injunction restraining the petitioners / defendants therein from dealing with the property in accordance with the terms and conditions of the Agreement of Sale.

(3.) The petitioners herein joined issue with the contentions raised in the plaint and filed a written statement. The written statement had been filed by the 3rd defendant, Lalitha who had also verified the written statement and the same had been adopted by the 1st and 2nd defendants.