P A RAMU Vs. T PITCHA

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant against the order passed by the II Additional Subordinate Judge, Tiruchirappalli in IA. No. 153/2007 in OS. No. 213/2005 dated 22.10.2007.

(2.) The respondent/plaintiff has filed the above said suit for specific performance, directing the petitioner/defendant to execute the sale deed in favour of the respondent, after receiving the balance sale consideration and in alternative, directing the defendant to pay the advance amount of Rs. 1,65,000/- with interest 12% p.a. The suit has been posted for filing the written statement of the defendant and the petitioner had entered appearance on 25.8.2005 and from the said date onwards, the petitioner had availed time upto 23.12.2005 for filing the written statement. Even after it was posted as a last chance for filing the written statement, the petitioner did not file the written statement and he was called absent on 23.12.2005 and set exparte. After a delay of 416 days, the petitioner has filed an application to set aside the exparte decree with a petition to condone the delay of 416 days. The court below has dismissed the petition by the order dated 22.10.2007, which is challenged in this Civil Revision Petition.

(3.) The submission of the petitioner for his non appearance on 23.12.2005 on which date he was set exparte and for not taking steps to set aside the exparte decree passed on 20.1.2006 till 13.3.2007, resulting in a delay of 416 days is that he was suffering from jaundice for 10 months from the I Week of December 2005 and further partition in his family was taking place in the end of 2006 and hence, he could not meet his counsel for giving instructions to file the written statement.