C. MATHIALAGAN Vs. K.K. THIYAGARAJAN

JUDGEMENT

(1.) The Civil Miscellaneous Petition has been filed to condone the delay of 566 days in representing the main civil revision petition in SR No. 50029 of 2016 on the file of this Court. The Civil Revision Petition (NPD) SR has been filed under section 115 of the Code of Civil Procedure against the fair and decretal order dated 22.06.2016 passed in I.A. No. 423 of 2010 in O.S. No. 1419 of 1998 by the learned Principal Subordinate Judge, Coimbatore.

(2.) The petitioner herein is the defendant and the respondent herein is the plaintiff.

(3.) The brief facts of the case are as follows: The respondent/plaintiff filed a suit in O.S. No. 1419 of 1998 against the petitioner/defendant on the file of the Sub Court, Coimbatore seeking a direction to execute a registered sale deed in respect of the suit property in favour of the plaintiff or the nominee, after receiving the balance sale consideration of Rs. 25,000/- on or before a date to be fixed by the Court. To contest the suit, the petitioner/defendant also filed written statement. The said suit was decreed exparte on 28.09.2001. Due to the inordinate circumstances, a delay was occurred in filing an application to set aside the exparte decree dated 28.09.2001 passed in O.S. No. 1419 of 1998. Hence, the petitioner/defendant filed an application in I.A. No. 423 of 2010 under Section 5 of the Limitation Act to condone the delay of 3075 days in filing an application to set aside the exparte order dated 28.09.2001 in O.S. No. 1419 of 1998. The trial Court dismissed the said application by order dated 22.06.2016. Feeling aggrieved by the said order, the petitioner filed the present civil miscellaneous petition along C.R.P.(NPD) SR. No. 50029 of 2016.