RAMESH Vs. SADHASIVAMOORTHY

JUDGEMENT

(1.) In the suit for specific performance, the petitioner herein is the third defendant. The challenge in the present revision is against the order of rejection of the interlocutory application viz., I.A.873 of 2017 in O.S.No.235 of 2012 on the file of the learned III Additional District and Sessions Judge, Gobichettipalayam filed under Section 5 of the Limitation Act, 1963 seeking for condoning the delay of 1379 days in filing the application to set aside the ex-parte decree dated 07.08.2013.

(2.) Heard Mr.S.Partha Sarathy, learned Senior counsel appearing on behalf of the petitioner and Mr.S.Senthil, learned counsel for the respondent.

(3.) The learned Senior counsel for the petitioner submitted that the petitioner herein had properly assigned the reasons for the delay caused in filing the application to set aside the ex-parte decree and that the plaintiff, having admitted about the sale deed dated 28.11.2011, executed in favour of the petitioner herein, had preferred to file the suit for specific performance without seeking for setting aside the said sale deed. As such, he submitted that since he has meritorious and arguable issues in his favour and in view of the fact that each and every day's delay has been explained, the trial Court ought not to have rejected the petitioner's application. In support of his contention, he had relied upon various judgments of this Court as well as the Hon'ble Apex Court.