K PRAKASAM Vs. R SAMIAPPAN

JUDGEMENT

(1.) THIS Civil Revision Petition is focussed against the Judgment and Decree dated 08. 02. 2006 in C. M. A. No. 5 of 2005 on the file of the District Judge, Karur, confirming the fair and decreetal order dated 30. 12. 2004 in I. A. No. 340 of 2004 in O. S. No. 600 of 1999 on the file of the Subordinate Judge, Karur.

(2.) HEARD both sides.

(3.) THE facts giving rise to the filing of this petition as stood exposited from the records would run thus: o. S. 600 of 1999 was filed by the 1st respondent herein as against the petitioner herein for specific performance of agreement to sell the suit property. It so happened that the petitioner herein did not make his appearance. Thereupon the trial Court proceeded exparte and passed exparte decree. Subsequently, I. A. was filed under Order 9 Rule 13 of C. P. C. to get set aside the exparte decree passed against the petitioner herein. But it was not got numbered for some reasons. In the meanwhile E. P. No. 256 of 2003 was filed by the 1st respondent herein for getting the sale deed executed by the Court. At that juncture the petitioner got the said petition numbered as I. A. No. 340 of 2004. However the same was dismissed for non production of medical certificate for his absence on the date on which he was set exparte.