LAWS(MAD)-2009-8-221

VIJAYAKUMAR Vs. JOTHIAMMAL

Decided On August 14, 2009
VIJAYA KUMAR Appellant
V/S
JOTHIAMMAL Respondents

JUDGEMENT

(1.) THIS Revision has been directed by the revision petitioner, who was the defendant before the lower Court, against the order of dismissal of the application filed for condonation of the delay of 607 days in filing the application to set aside the exparte decree passed by the lower Court.

(2.) THE respondent herein, as plaintiff, filed O.S.No,238 of 2002 before the lower Court for specific performance of the sale agreement entered into between the respondent herein/plaintiff and the petitioner/defendant. An exparte decree was passed against the defendant/revision petitioner herein by the lower Court. In filling the application to set aside exparte decree a delay of 607 days had been caused. Hence, the defendant/revision petitioner has filed I.A.No.110 of 2005 for condonation of delay of 607 days in filing the application to set aside the exparte decree. THE said application was dismissed by the lower Court. Hence, the present revision has been preferred by the revision petitioner.

(3.) HEARD Mrs.R.Meenal learned counsel for the revision petitioner and Mr.R.Gururaj learned counsel for the respondent.