FATHIMA BEEBI Vs. V ANWAR BASHA

JUDGEMENT

(1.) The defendant in the suit O.S.No.194 of 1996 on the file of the District Munsif Court, Thiruppur is the revision petitioner. The revision petition is directed against the conditional order dated 16.11.1999 and made in I.A.No.1594 of 1997 which was filed under Order 9 Rule 9 and Section 151 C.P.C. for restoration of the above suit which was dismissed for default on 30.6.1997.

(2.) The respondent herein filed the suit O.S.No.190 of 1990 in the Sub Court, Thiruppur for specific performance of contract of sale on 30.4.1990. As per written agreement dated 28.10.1989, the revision petitioner agreed to convey the suit property for Rs.26,400/- and that she also received a sum of Rs.5,000/- at the time of the agreement. The balance sale consideration amount was agreed to be paid on completion of sale before 30.1.1990 and since the revision petitioner failed to perform her part of contract, after causing lawyer notice on 4.4.1990, the suit was filed. The suit was resisted in the written statement filed on 4.11.1990 denying the agreement and stating that the suit agreement was forged.

(3.) It appears that the suit O.S.No.190 of 1990 on the file of the Sub Court, Thiruppur was transferred to the file of the District Munsif Court, Thiruppur and the same was taken on file in the District Munsif Court, Thiruppur and renumbered as O.S.No.194 of 1996. It also appears that on 30.6.1997, the suit was listed. On that date the counsel for the plaintiff reported no instruction and so the suit was dismissed for default.