THULASIAMMAL Vs. V R JAYARAMAN

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order, dated 19.12.2007 made in C.M.A.No.17 of 2007 on the file of the Principal Sub-Court, Salem, confirming the fair and final order, dated 30.11.2004 made in I.A.No.1842 of 2004 in O.S.No.1962 of 2004 on the file of the I Additional District Munsif Court, Salem.

(2.) IT is an admitted fact that the respondent herein filed the suit in O.S.No.1962 of 2004, seeking specific relief against the revision petitioners / defendants, based on an agreement of sale. The suit was decreed exparte on 23.08.2002. Subsequently, the revision petitioners herein as defendants filed an application before the Additional District Munsif, Salem under Order IX Rule 13 CPC to set aside the exparte decree, dated 23.08.2002. The aforesaid court, considering the facts and circumstances, passed a conditional order, directing the revision petitioners to pay a sum of Rs.500/- towards costs on or before 27.01.2004. However, the conditional order was not complied with by the revision petitioners, hence, the petition was dismissed by an order, dated 30.11.2004. Subsequently, the petitioners herein filed C.M.A.No.17 of 2007, challenging the order, dated 30.11.2004 passed by the Additional District Munsif, Salem before the Principal Sub-Court, Salem.

(3.) PER contra, Mr. P. Jagadeesan, learned counsel appearing for the respondent / Decree-holder submitted that the learned District Munsif had passed an order, directing the petitioners to pay a sum of Rs.500/- towards costs on or before 27.01.2004, but the conditional order was not complied with, however, the petitioners filed an application only on 26.02.2007. In support of his arguments, the learned counsel drew the attention of this Court to the impugned decreetal order, wherein it has been stated that the Civil Miscellaneous Appeal was filed only on 26.02.2007, nearly three years from the order passed by the court below. Further, the conditional order has not been challenged by the revision petitioners.