PADMAVATHY Vs. D.MARIAPPAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the Order and Decretal Order, dated 2.3.2011 made in I.A. No. 398 of 2010 in I.A. No. 861 of 2009 in O.S. No. 22 of 2007 on the file of the Principal District Judge, Tiruvallur. It is seen that the Suit was filed by the Respondent herein, seeking Specific Performance of the contract, based on an alleged Agreement, dated 25.8.2006. In support of his contention, the Respondent/Plaintiff had filed the alleged Sale Agreement, dated 25.8.2006 and a copy of the legal notice, dated 18.12.2006 with acknowledgement. The Defendants were called absent and set ex parte. Hence, the Suit was decreed for Specific Performance of contract, by the Court below on 6.2.2008 in favour of the Respondent/Plaintiff, on payment of balance of consideration, as per the alleged Agreement.

(2.) The Petitioners/Defendants had filed Petition under Order 9, Rule 13, C.P.C., to set aside the ex parte decree, dated 6.2.2008, however, the Application was dismissed for default. Then the Petitioners/Defendants filed I.A. No. 861 of 2009, to restore the said Interlocutory Application filed in I.A. No. 214 of 2009, that was dismissed for default on 17.9.2009. The Petition filed under Order 9, Rule 9, r/w Section 151, C.P.C. was also dismissed for default on 15.7.2000. Aggrieved by which, the Petitioners herein filed an unnumbered Interlocutory Application in I.A. No. 398 of 2010, under Section 5 of Limitation Act, to condone the delay of 12 days in filing the said Petition, the same was also dismissed on 2.3.2011. Aggrieved by which, this Civil Revision has been preferred by the Petitioners under Article 227 of the Constitution of India.

(3.) It is seen that the Suit was filed by the Respondent herein, seeking Specific Performance of the contract. The Respondent, as Plaintiff has averred in the Plaint that the Revision Petitioners/Defendants had entered into an Agreement with the Respondent/Plaintiff, to execute Sale Deed in respect of the Plaint schedule of properties for sale consideration, a sum of Rs. 30,34,000/- and received an advance of Rs. 10,00,000/- on the date of the Agreement, however, in spite of the legal notice, they failed to execute Sale Deed, hence, he filed the Suit against the Petitioners/Defendants, seeking Specific Performance of the contract.