LAWS(MAD)-2014-10-315

S. VEERAPPASOUNDER Vs. K. KUPPUSAMY

Decided On October 28, 2014
S. Veerappasounder Appellant
V/S
K. Kuppusamy Respondents

JUDGEMENT

(1.) THIS Revision Petition is filed challenging the Order passed in I.A. No.299 of 2009 in O.S. No.851 of 2002 by the Sub -Court, Tiruchengode.

(2.) THE Respondent had instituted a Suit in O.S. No.233 of 2001 before the Sub -Court, Sankari, against the Petitioners for Specific Performance. The Suit was subsequently transferred to Sub -Court, Namakkal and on 7.4.2004 an ex parte Decree was passed against the Petitioners. The Respondent filed Execution Petition in E.P. No.55 of 2007 for execution of the Sale Deed. The Petitioners received notice in the Execution Petition on 6.6.2007 and on 10.6.2007 they filed an Application in I.A. No.299 of 2009 to condone the delay of 1061 days in filing the Application to set aside the ex parte Decree.

(3.) IN the Affidavit filed in support of the condone delay Petition, the Petitioners have stated that when the Suit was pending before the Sub -Court Sankari, they appeared through their Advocate, one Mr. P. Shanmugam, and he advised the Petitioners to meet him after four months to file their Written Statement. When they met the Advocate in March 2002, he informed that the case will be transferred to Sub -Court, Namakkal and after receiving notice from the Sub -Court, Namakkal, they can contact him. It is further stated that periodically the Petitioners had been contacting his Counsel, ultimately on 6.6.2007 they received a notice in R.A.P. No.55 of 2007 and only thereafter, they knew about the ex parte Decree passed on 14.6.2004. The Petitioners have further contended that immediately they filed the Application on 10.6.2007.