S. NIRMALADEVI Vs. T.R. RANGASAMY

JUDGEMENT

(1.) This revision arises out of allowing I.A.No.871 of 2011 in O.S.No.650 of 2007 filed under Sec. 5 of Limitation Act on the file of the learned I Additional Sub-Judge, Coimbatore.

(2.) The respondent/defendant owns Nanja lands measuring about 1 acre 9 cents comprised in Survey No.554/1A, situate in Mettupalayam in Coimbatore District.

(3.) Plaintiff, based on a Sale Agreement dated 12.2004 executed by the defendant filed the suit in O.S.No.650 of 2007 for specific performance with respect to the said property as against the defendant. On the first hearing date, namely, on 112.2007, the defendant was set ex parte. Thereafter, ex parte decree was passed. Plaintiff has become the decree holder. She filed E.P.No.129 of 2010 for compulsory execution of Sale Deed. The defendant opposed the execution contending that no suit summon was served upon him and he came to know about the ex parte decree only after receiving notice from the Execution Court.