(1.) By consent of both parties, all the three revision petitions have been taken up.
(2.) The earlier Civil Revision Petitions in C.R.P.Nos.602 and 601 of 2003 have been filed by the first defendant in O.S.No.7417 of 1996 on the file of the XV Assistant Judge, City Civil Court, Madras against the common order dated 21.2.2003 in I.A.No.19658 of 2002, which was filed to condone the delay of 203 days in filing the petition to set aside ex parte judgment and decree dated 9.4.2002 in O.S.No.7417 of 2003, and I.A.No.19659 of 2002, which was filed to stay the operation of the above ex parte judgment and decree in the above suit and the later Civil Revision Petition in C.R.P.No.1147 of 2003 has been filed by the plaintiff in O.S.No.5148 of 1990 on the file of the VII Assistant Judge, City Civil Court, Madras against the order dated 26.3.2003 in I.A.No.20792 of 2002 which was filed to condone the delay of 487 days in filing the petition to set aside the order of dismissal for non prosecution dated 12.7.2001 and to restore the suit O.S.No.5148 of 1990.
(3.) The first respondent in C.R.P.Nos.601 and 602 of 2003 filed the suit in C.S.No.658 of 1991 in this Court for recovery of Rs.1,96,362.50 together with interest and cost towards general and special damages due to poor quality of goods supplied and also for mandatory injunction directing the first defendant, viz., the revision petitioner in C.R.P.Nos.601 and 602 of 2003, to supply 1788 Shells with ULTRA Violet Treatment Free of cost in terms of the warranty extended for being erected at the Netaji Stadium, Port Blair, Andaman and Nicobar Islands as replacement for the objective chairs already supplied. The above suit was transferred to the XII Assistant Judge, City Civil Court, Madras and renumbered as O.S.No.7417 of 1996 and then transferred to the file of XV Assistant Judge, City Civil Court, Madras and the suit was decreed ex parte on 9.4.2002. Pursuant to the ex parte decree, the first respondent filed E.P.No.1464 of 2002 on the file of the X Assistant Judge, City Civil Court, Madras in O.S.No.7417 of 1996 for recovery of Rs.6,14,195.93.