BAKKIYAM @ BAKKIAYAVATHI Vs. M MEYAAN

JUDGEMENT

(1.) This Civil Revision Petition is filed by the fifth defendant in the original suit in O.S.No.91 of 1990 on the file of District Munsif Court, Musiri.

(2.) It appears that the suit was originally filed in O.S.No.91 of 1990 on the file of the Sub Court, Trichy and subsequently, the suit was transferred to Sub Court, Kulithalai and renumbered as O.S.No.80 of 1996. Actually, the suit was filed by the first respondent herein for specific performance of the agreement of sale dated 18.09.1987.

(3.) It appears that the sale agreement and the terms of the agreement are not in dispute. In these circumstances, the suit was decreed exparte on 31.01.2002. Even though other defendants have not raised any defence, the revision petitioner filed an application to set aside the exparte decree. The fifth defendant namely the revision petitioner filed an application in I.A.No.917 of 2008 to condone the delay of 779 days in filing the petition to set aside the exparte decree and another application to set aside exparte decree. In the affidavit filed in support of the petition, the petitioner has admitted that he has received notice in the execution petition. The explanation is that the advocate to whom the said notice was handed over, did not take any steps, though he promised to file necessary petitions.