CHOWDA REDDY Vs. CHOWDAPPA

JUDGEMENT

(1.) THIS Revision Petition is directed against the order dated 27.04.2005 passed by the Subordinate Judge, Hosur in I.A.No.94 of 2005 in O.S.No.130 of 1999 dismissing the Application filed under Section 5 of the Limitation Act, 1963 for non-compliance of the conditional cost of Rs.500/- as ordered by the Court.

(2.) THE Respondent/Plaintiff filed a suit in O.S.No.130 of 1999 on the file of Subordinate Court, Hosur for specific performance in respect of the Suit Property, which is an extent of 6.47 acres. THE Revision Petitioner/Second Defendant has entered appearance and filed the Written Statement interalia raising various allegations. THE Suit was posted for Trial on 05.07.2004. Since the Petitioner has to accompany his wife to Bangalore on account of her ill health, he could not be present in the Court nor could inform his Advocate about his inability to appear. THE Petitioner was set exparte on 05.07.2004 and exparte decree was passed against him on the same day.

(3.) ACCORDING to the Petitioner, he is living in a remote village far away from Hosur and his counsel could not inform about the conditional order passed by the Court and he is also suffering from Viral fever in the second week of April 2005 and he could meet his counsel only on 28.04.2005, by which time, the Application was dismissed for non-compliance of the condition.