PALANIAMMAL Vs. S MATHIVANAN

JUDGEMENT

(1.) This civil revision petition is filed by the fourth defendant in a suit for specific performance, aggrieved against an order passed in I.A.No.909 of 2010 whereby the Court below has rejected her application filed under Section 5 of the Limitation Act, seeking to condone the delay of 2310 days in filing an application to set aside the ex parte decree passed on 26.4.2004.

(2.) The respondent herein is the plaintiff in O.S.No.1753 of 2002 on the file of the Subordinate Court, Namakkal. He filed the said suit seeking a decree for specific performance of an agreement of sale against the petitioner and three others. On 26.4.2004, an ex parte decree came to be passed by the Trial Court against the defendants. The petitioner herein, as the fourth defendant, filed I.A.No.909 of 2010 under Section 5 of the Limitation Act, seeking to condone the delay of 2310 days in filing an application to set aside the ex parte decree. The Court below rejected the said application by holding that the petitioner has not shown sufficient cause for condoning such huge delay. The aggrieved fourth defendant filed the present civil revision petition.

(3.) Heard the learned counsel on either side.