S GUNABOOSHNAM Vs. HELAN PAUL

JUDGEMENT

(1.) CHALLENGE is made to the order of the learned District Munsif, Attur made in I.A.No.252 of 2005 to condone the delay 165 days in making the application to set aside the ex parte order passed by the court on 10.6.2005 in O.S.No.230 of 2005 in a suit for specific performance on the strength of written agreement in respect of an immovable property.

(2.) THE Court heard the learned counsel on either side.

(3.) CONTRARY to the above contentions, it is contended by the learned counsel respondents/ defendants that the order passed by the Court in condoning the delay of 165 days in I.A.No.252 of 2005 has to be sustained for the reason that only after due notice and appearance of the plaintiff, the order came to be passed on 28.7.2006. It is too late for the revision petitioner to bring forth such an allegation seeking to set aside the order of the lower court and hence, the application has got to be dismissed.