ELUMALAI Vs. AYYANAR

JUDGEMENT

(1.) According to the petitioner, the respondent has filed a suit in O.S.No.150 of 2009 for specific performance against the petitioner herein. In the aforesaid suit, exparte decree was passed on 29.04.2010. Thereafter, the petitioner has filed an application to set aside the exparte decree along with the application in I.A.No.395 of 2013 to condone the delay of 1037 days in filing the set aside application and the same was dismissed. Hence, the petitioner has preferred the present Civil revision petition before this Court.

(2.) According to the learned counsel for the petitioner, petitioner was suffering from jaundice and therefore, he was unable to appear before the trial court on the hearing date. Without giving opportunity to the petitioner to contest the suit on merit, the trial court dismissed the application. In support of his contention, he placed reliance on the decision of the Hon'ble Supreme Court in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy and others [2013 (5) CTC 547 (SC)] , wherein the Hon'ble Supreme Court has held that there should be a liberal, pragmatic, justice oriented, nonpedantic approach while dealing with an application for condonation of delay. Therefore, the order of the court below is liable to be set aside.

(3.) Per contra, the learned counsel for the petitioner vehemently objected by stating that the petitioner has not produced any materials before the trial court to substantiate his claim and there is no sufficient reason given by the petitioner to condone the inordinate delay of 1037 days in filing the set aside application. Pursuant to the exparte decree passed, the respondent has filed E.P.No.103 of 2010 to execute the decree and notice also has been received by the petitioner in the said E.P. Thereafter, E.P.No.103 of 2010 was allowed and sale deed was executed in favour of the respondent. Again, the respondent has filed E.P.No.98 of 2013 for delivery of suit property. The said application was also allowed. Ameena has taken possession of the suit property in accordance with law. At this stage, the petitioner has filed the instant application to condone the inordinate delay of 1037 days in filing the set aside application. Therefore, the trial court has rightly dismissed the application and the Civil revision petition is liable to be dismissed.