SOMASUNDARAN Vs. NATARAJ

JUDGEMENT

(1.) Challenging the Order, dtd. 11/7/2024 passed by the learned Subordinate Judge, Kangeyam, Tiruppur District, refusing to condone the delay of 1566 days in filing the Application seeking to set aside the ex parte Decree, dtd. 16/6/2015 and thereby dismissing the Application in I.A. No.33 of 2020 in O.S. No.151 of 2014, the 2nd Defendant in the Suit has come up with the present Revision Petition.

(2.) The 1st Respondent is the Plaintiff, and the 2nd Respondent is the 1st Defendant in the Suit in O.S. No.151 of 2014.

(3.) The Suit was filed for Specific Performance of the Contract, dtd. 14/5/2012 entered into between the Plaintiff and the Defendants, whereunder the Defendants agreed to sell the Suit Schedule mentioned properties for a total consideration of '2,20,000. The Plaintiff pleaded in the Plaint that he had paid a sum of '2,00,000 towards an Advance to the Defendants on the date of the Agreement itself, and the balance of '20,000 was agreed to be paid within a period of two years from the date of the Agreement. The Plaintiff further pleaded that he was always ready and willing to pay the balance and to get the Sale Deed executed in his favour, but it was the Defendants, who delayed the sale and were giving evasive replies. Hence, the Plaintiff issued a Legal Notice to the Defendants and thereafter, filed the Suit for Specific Performance of the Contract.