P. KUMARAN Vs. V. RAMASWAMI

JUDGEMENT

(1.) This application has been filed by the applicants under Order XIV Rule VIII of Original Side Rules and under Order 9 Rule 7 of CPC, praying to set aside the order dated 07.11.2014 passed by this Court in C.S.No.121 of 2007 dismissing the suit for default.

(2.) The applicants/plaintiffs have filed the suit for specific performance directing the respondents/defendants to execute the sale deed conveying the plaint schedule property to the applicants/plaintiffs by receiving the balance sale consideration. The prayers made in the plaint are as follows_

(3.) The 1st respondent/D1 had filed an application in A.No.3212 of 2008 under Order 7 Rule 11 of CPC seeking to reject the plaint. The said application was dismissed by the learned Single Judge by order dated 08.08.2014. Aggrieved over the same, the 1st respondent/D1 has filed an appeal in O.S.A.No.213 of 2014. The said OSA was also dismissed by the Division Bench of this Court by order dated 27.08.2014. While dismissing the said OSA, the Division Bench of this Court has fixed a time frame for expediting the trial of the suit. The relevant portion in the order of the Division Bench is as follows_