K MEENA Vs. KALAIMANI

JUDGEMENT

(1.) Civil Revision Petition is filed against the order, dated 23.12.2004 made in C.M.A.No.11 of 2004 on the file of the learned District Judge, Karur, confirming the order, dated 16.04.2004, made in I.A.No.67/2004 in O.S.No.448 of 1997, on the file of the learned Additional District Munsif, Karur.

(2.) The respondent/plaintiff filed the suit in O.S.No.448 of 1997 on the file of District Court, Karur, for specific performance. The case of the respondent/plaintiff is that the suit property belongs to the petitioner/defendant, who entered into an agreement for sale on 12.02.1996 with the plaintiff/respondent, for a sale consideration of Rs.30,000/-. The petitioner/defendant received a sum of Rs.25,000/- as advance from the respondent/plaintiff on the date of the agreement for sale and agreed to conclude the transaction, within 10 months therefrom. Though the respondent/plaintiff is ready and willing to pay the balance sale consideration, the petitioner/defendant failed to comply with the terms of the agreement entered into on 12.02.1996. Hence, the respondent/plaintiff filed the above suit.

(3.) The Trial Court decreed the suit exparte on 05.01.2004. Thereafter, the respondent/defendant filed an interlocutory application in I.A.No.67 of 2004 to set aside the exparte order, dated 05.01.2004. However, the same was dismissed, after contest, on 16.04.2004. Aggrieved against the said dismissal order, the petitioner/defendant filed an appeal in C.M.A.No.11 of 2004, on the file of District Court, Karur. The lower appellant Court also confirmed the dismissal order dated, 16.04.2004. Aggrieved against the said order, the petitioner/defendant is before this Court.