P. PADMAVATHI Vs. M. MAHENDRAN

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.300/2014 in O.S.No.674/2003 on the file of I Additional Sub Court, Coimbatore, the defendant filed the above civil revision petition. The plaintiff filed a suit in O.S.No.674/2003 for specific performance.

(2.) Before the trial court, the defendant appeared through her counsel and was contesting the case. Subsequently, she remained absent and an exparte decree was passed on 08.01.2008. Thereafter, the defendant filed an application in I.A.No.300/2014 to condone the delay of 2348 days in filing the petition to set aside the exparte decree.

(3.) In the affidavit, filed in support of the petition, the defendant has stated that she came to know about the passing of exparte decree in the suit only on 11.06.2014 when she received the notice, sent by the respondent's counsel, demanding possession of the property. Further, in paragraph -3 of the affidavit, filed in support of the petition, the defendant has stated that his previous counsel did not intimate the exparte decree and inspite of repeated requests and demands, she could not get proper reply from her counsel and she came to know about the exparte decree only after receiving the said notice sent by the respondent counsel.