K GOPALAKRISHNAN Vs. M RAMDAS

JUDGEMENT

(1.) THIS revision petition has been filed against the fair and decretal order dated 16.11.2005 made in I.A. No. 295 of 2005 in O.S. No. 167 of 1997 on the file of the 1st Additional Sub-Court, Coimbatore.

(2.) THE defendant in the suit is the revision petitioner. THE respondent herein filed the suit in O.S. No. 167 of 1997 for the relief of spe'cific performance based on the agreement said to have been executed on 29.9.1994 in respect of the Schedule property. THE suit was decreed ex parte on 20.12.2002. E.P. No. 56 of 2005 was filed by the respondent to ex parte decree along with an application in I.A. No. 295 of 2005 to condone the delay of 488 days' in fil'ing the application under Order 9 Rule 13 of C.P.C. THE trial Court dismissed the I.A. No. 295 of 2005 on 16.11.2005, and challenging the same, the above civil revision petition has been filed.

(3.) THE trial Judge, though observed that the delay could be condoned by imposing cost, chose to dismiss the same on the ground that the petitioner did not take immediate steps even after coming to know that the execution petition was already filed to execute the de'cree.