LAWS(MAD)-2023-1-321

VATCHALA Vs. T. PAARI

Decided On January 05, 2023
VATCHALA Appellant
V/S
T. Paari Respondents

JUDGEMENT

(1.) The Fair and Decreetal order passed in I.A.No. 1 of 2021 in O.S.No.189 of 2017 on the file of the Principal Sub-Judge, Ariyalur dtd. 15/7/2022 is under challenge in the present revision petition.

(2.) The revision petitioner is the plaintiff, who instituted a suit for Specific Performance in O.S.No.189 of 2017.

(3.) The suit decreed in favour of the revision petitioner/ plaintiff and admittedly, it is an ex-parte decree passed by the Trial Court. The revision petitioner/ decree holder filed an Execution Petition in E.P.No.1 of 2020. The respondent received notice in the Execution Proceedings and thereafter, filed an Interlocutory Application to set aside the ex-parte decree passed in O.S.No.189 of 2017 along with another Interlocutory Application to condone the delay of 1374 days in filing the petition to set aside the ex-parte decree passed in O.S.No.189 of 2017.