KANNIYAMMAL Vs. PARIVEL

JUDGEMENT

(1.) The revision petitioners are the legal heirs of the defendant in O.S. No. 147 of 2007. The respondent in the revision petition is the plaintiff in O.S. No. 147 of 2007 on the file of the District Munsif, Musiri. The suit was filed for specific performance of a contract. The same is not very much relevant for deciding this civil revision petition.

(2.) When the suit was posted for hearing on 19.12.2007, the defendant remained ex parte and the suit was decreed ex parte on 19.12.2007.

(3.) The defendant filed application in I.A. No. 182 of 2009 in O.S. No. 147 of 2007 on 17.2.2009, to condone the delay of 430 days in filing the petition to set aside the ex parte decree. It is stated that due to his illness, he was not able to attend the Court. Subsequently, he died on 9.9.2010. Thereafter, the legal heirs have now come on record.