JEERA AMMAL Vs. G KESAVAN

JUDGEMENT

(1.) Impugning the fair and decreetal order dated 24.02.2011 and made in Interlocutory Application in IA.No.72 of 2011 in I.A.No.159 of 2010 in O.S.No.188 of 2008 on the file of the learned Subordinate Judge, Ranipet, this civil revision petition has been filed.

(2.) The defendant in the suit has preferred this civil revision petition. The respondent herein has filed the suit in O.S.No.188 of 2008 on the file of the learned Subordinate Judge, Ranipet, against the revision petitioners, seeking the relief of specific performance of contract of sale dated 27.07.2002 and in the alternative, to refund the advance amount which was paid at the time of entering into agreement of sale. Since, the revision petitioners have not filed their respective written statements well within prescribed time, they were called absent and set ex-parte.

(3.) It is understood from the records that there was a delay of 1074 days in filing an application to set aside the ex-parte decree. Therefore, the revision petitioners have filed an application in I.A.No.159 of 2010 under Section 5 of the Limitation Act to condone the delay.