LEELA Vs. V R ASHA

JUDGEMENT

(1.) The petitioner herein is the defendant in the suit filed in the year 2011 seeking for specific performance of a sale agreement dated 12.03.2008, in which, she was set ex-parte on 20.04.2012. The suit came to be decreed on 18.06.2012. Subsequently, the petitioner herein was set ex-parte in the execution proceedings also. On 11.11.2016, the petitioner had filed an application to condone of delay of 1579 days in filing the application to set aside the ex-parte decree passed in O.S.No.41 of 2011. The present civil revision petition is against the order dismissing her application seeking for condonation of delay in filing the application to set aside the ex-parte decree.

(2.) Heard Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.J.Hariharan, learned counsel for the respondent.

(3.) Mr.Bharath Kumar, the learned counsel for the petitioner submitted that the trial Court had failed to appreciate the petitioner's health condition although she had produced the medical certificate of the Government Hospital which evidences she had been suffering from spinal cord pain for the past six years. The learned counsel further submitted that the petitioner herein has a valid and arguable defence in the suit and that the plaintiff is trying to grab a valuable property for a very meager sale consideration. Therefore, in the interest of justice, the trial Court ought to have taken a lenient view and condoned the delay. The learned counsel also submitted that the petitioner herein had filed her written statement along with the application to condone the delay and in view of the same, her conduct should be taken into account and the delay requires to be condoned. The learned counsel also relied upon the judgment of this Court to substantiate that, delay in these circumstances should be condoned and a lenient view should be taken.