O.E. SIVA MAHENDRAN Vs. INBA NILA

JUDGEMENT

(1.) The plaintiff is the civil revision petitioner before this Court, challenging the order in I.A. No.278 of 2009 in O.S. No.72 of 2006 dated 26.08.2011, on the file of the learned Subordinate Judge, Mettur, by allowing the condone delay petition.

(2.) The case of the petitioners/proposed parties, who have filed the petition under Order 9, Rule 13 of CPC along with the petition to condone the delay of 926 days in filing the petition, to set aside the ex parte decree passed against the second defendant in the suit on 22.12.2006.

(3.) The petitioners/proposed parties further state that the first respondent/plaintiff has filed the suit for specific performance against the defendants 2 and 3 on the basis of fraudulent sale agreement and have obtained an ex parte decree on 22.12.2006. One Amudhavalli, who is the third respondent herein is the mother of the proposed parties and she died on 03.08.2008 leaving the proposed parties namely, Inbanila, Ezhil Mani and Amudhavalli and the fourth respondent one Thenthamil, who is also proposed party and one among the legaal heirs of the deceased Rajeswari and they were succeed to her estate.