R. MANIKANDAN Vs. B.N. SRIDHARAMOORTHY

JUDGEMENT

(1.) THE revision petitioners have come forward with this Civil Revision petition challenging the order dated 26.07.2013 passed by the court below, by which the application filed by them to condone the delay of 78 days in filing an application to set aside the exparte decree dated 10.01.2013, was dismissed.

(2.) THE respondents herein, as plaintiffs, have filed the suit in O.S. No. 13 of 2012 on the file of the District Judge, Salem for specific performance of the agreement dated 09.01.2011 and for a consequential injunction restraining the defendants revision petitioners herein from alienating or encumbering the suit property to third parties. The suit was decreed exparte due to non -appearance of the defendants/revision petitioners herein. To set aside the exparte decree dated 10.01.2013, the defendants/revision petitioners herein have filed I.A. No. 417 of 2013 in O.S. No. 13 of 2012 under Section 5 of the Limitation Act to condone the delay in filing the application to set aside the exparte decree dated 10.01.2013. The court below, on considering the submissions made by both sides dismissed the application and refused to condone the delay, which resulted in the filing of the present Civil Revision Petition by the defendants.

(3.) THE learned senior counsel appearing for the defendants/revision petitioners relied on the following decision in support of his case: -