R JACOB Vs. C PRABAKAR

JUDGEMENT

(1.) THIS Revision Petition arises out of the Order of II Assistant/City Civil Court, Chennai in I.A.No.10600/2006 in O.S.No.5295/1996, allowing the Petition under Section 5 of the Limitation Act and condoning the delay of 2006 days, on payment of cost of Rs.1,000/-.

(2.) BRIEF facts of the case are as follows :- 2.1. The Respondent/Plaintiff filed O.S.No.5295/1996 for Specific Performance. The Defendant has entered appearance and filed Written Statement denying execution of the Agreement of Sale. The suit was posted in the list on 15.11.2000. PW-1 was examined in Chief on 15.11.2000 and the case was adjourned to 21.11.2000. On 21.11.2000, there was no representation for the Defendant and hence the Defendant was called absent and the suit was decreed exparte on the same day i.e. on 21.11.2000. For execution of the Decree, Plaintiff has filed E.P.No.259/2006 and the Defendant has received Notice in the Execution Proceedings on 07.07.2006. 2.2. On receipt of Notice in the E.P., the Petitioner has filed I.A.No.10600/2006 seeking condonation of delay of 2006 days in filing application to set aside the exparte Decree. According to the Defendant, he had several family problems and hence he was unable to give necessary instructions to his counsel and could not get along with the matter. The Revision Petitioner/Plaintiff has resisted that application. 2.3. Finding that sufficient cause has been shown by the Petitioner for the delay and placing reliance upon 2002 (1) CTC 769, [Ram Nath Sao & others Vs. Gobardhan Sao & others], the lower Court has allowed the application, condoning the delay of 2006 days on payment of cost of Rs.1,000/-, which is challenged in this revision.

(3.) HOLDING that for condoning the delay, the applicant has not explained the reasons for the delay covered by the period between the last day of limitation and the date on which the application was filed, in 1962 (2) SCR 762 [cited supra], the Supreme Court has held ::-