G SYED FAZULLAH Vs. THAMEEM BASHA AND OTHERS

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.17 of 2013 in O.S.No.11778 of 2010 on the file of XVIII Additional City Civil Court, Chennai, the 2nd defendant has filed the above Civil Revision Petition.

(2.) The plaintiff has filed a suit in O.S.No.11778 of 2010 for specific performance and also the consequential relief. Since the petitioner/2nd defendant did not appear before the trial court, the trial court passed an ex-parte decree on 14.6.2011. Thereafter, the 2nd defendant filed an application in I.A.No.17 of 2013 to condone the delay of 568 days in filing the petition to set aside the ex-parte decree. In the affidavit, filed in support of the petition, the 2nd defendants has stated that due to the frequent travel to Dubai, the petitioner could not follow with the counsel regarding the status of the suit and he was not informed about the exparte decree, passed by the trial Court by his counsel and therefore, he could not file the application to set aside the exparte decree in time. The plaintiff filed counter and opposed the petition.

(3.) The trial Court, taking into consideration of both the parties, dismissed the application finding that no valid reason assigned in the petition for the delay of 568 days and the reasons stated in the affidavit was not proved by the petitioner and dismissed the petition.