R KUPPAMMAL Vs. RAJAGOPAL NAICKER

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of Constitution of India, against the fair and decretal order dated 4.7.2008 made in C.M.A.No.4 of 2007 on the file of the Subordinate Judge, Kancheepuram, reversing the order in I.A.No.1099 of 2005 in O.S.No.774 of 1999 on the file of Additional District Munsif's Court, Kancheepuram. The revision petitioner/respondent/Plaintiff has filed this present civil revision petition as against the order dated 4.7.2008 in C.M.A.No.4 of 2007 passed by the learned Subordinate Judge, Kancheepuram in allowing the appeal and resultantly setting aside the dismissal order passed in I.A.No.1099 of 2005 in O.S.No.774 of 1999 by the learned Additional District Munsif, Kancheepuram filed by the respondents/appellants/defendants 1 and 2 under Section 5 of the Limitation Act to condone the delay of 272 days in filing an petition to set aside the exparte decree.

(2.) THE trial Court, while passing orders in I.A.NO.1099 of 2005 in O.S.No.774 of 1999, has inter alia opined that the delay has not been properly explained by the respondents/appellants/defendants 1 and 2 for not having preferred the petition to set aside the exparte decree in time and that the respondents have not exercised due care and diligence in regard to the conduct of the main case and the execution petition and resultantly dismissed the application.

(3.) IT appears that the revision petitioner/plaintiff has filed a suit for specific performance against the respondents 1 and 2/defendants 1 and 2 and two other defendants and the same has been decreed exparte on 19.6.2002 in favour of the revision petitioner/plaintiff and that the revision petitioner has filed the execution petition in E.P.No.59 of 2003 before the trial Court viz., Principal District Munsif, Kancheepuram for execution of the sale deed dated 3.3.2005 and that the said execution petition has been allowed on 10.12.2003 when the respondents herein have failed to file their counter and later I.A.Nos. 161 of 2004 to 163 of 2004 for condoning the delay of 22 days to set aside the exparte order of execution petition and to stay the execution has been filed and the said applications were dismissed by the trial Court on 1.7.2005 and on 3.10.2005, the sale deed has been executed by the learned Principal District Munsif, Kancheepuram in favour of the revision petitioner/plaintiff and further that the respondents 1 and 2/defendants 1 and 2 have projected I.A.No.1099 of 2005 praying to condone the delay of 272 days in filing an application to set aside the exparte decree passed on 19.6.2002.