ANANDABABU Vs. SELVARAJ

JUDGEMENT

(1.) The above Civil Revision Petition has been filed under Section 115 of C.P.C. praying to set aside the order dated 09.10.2003 made in I.A.No.179 of 2001 in O.S.No.120 of 1998 on the file of the Court of Principal Sub-Judge, Tindivanam.

(2.) The subject matter is that the respondent herein is the plaintiff in O.S.No.120 of 1998 and he filed the suit before the Principal Sub-Court, Tindivanam for specific performance; that the petitioners were not intimated by their counsel about the case being posted for filing written statement; that on 13-06-2000, the suit was decreed exparte; that the petitioners came to know about this only after receiving notice in the E.P.; that the petitioners filed I.A.No. 179 of 2001 before the Court of the Principal Sub-Judge, Tindivanam, praying to condone the delay of 126 days and continue the case; that the petitioners submit that their non-appearance was neither wilful nor wanton, but due to the non-receipt of the communication from their advocate; that having aggrieved against the order of dismissal of the I.A. to condone the delay of 126 days in filing the petition for setting aside the exparte decree, the petitioners in I.A. has come forward to file the above Civil Revision Petition praying for the relief extracted supra.

(3.) Today, when the above civil revision petition came up for admission before this Court in the presence of the learned counsel for both, this Court is able to find that the order under challenge is the one passed by the Court of Principal Sub-Judge, Tindivanam, in I.A.No. 179 of 2001 in O.S.No.120 of 1998 dated 09-10-2003, thereby dismissing the petition seeking to condone the delay in filing the petition to set aside the exparte decree in O.S.No.120 of 1998, filed by the defendants 1 to 3 and 5/petitioners herein.