A M SUBBURATHINAM Vs. BALAJI

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 28.3.2008 passed by the Principal Subordinate Judge of Salem in I.A. No. 697 of 2007 in O.S. No. 205 of 2006 in disallowing the petition filed by the petitioner for condonation of delay of 334 days in filing the petition to set aside the ex parte decree.

(2.) THE case of the petitioners would run as follows:THE respondent/plaintiff had filed the suit in O.S. No. 205 of 2006 for specific performance on the basis of the alleged sale agreement. THE petitioners borrowed amounts from the respondent/plaintiff in the year 2002 and the respondent/plaintiff has obtained the sale agreement by coercion. THE respondent/plaintiff, in order to gain illegally and unlawfully by enforcing the alleged contract, had filed the suit for specific performance. After receipt of summons in the suit, the second petitioner/second defendant contracted the respondent/plaintiff through mediators and the respondent promised that he would withdraw the case. Believed his promise, he did not pursue the matter further and hence the written statement was not filed. After receipt of notice in the EP, the 2nd petitioner/2nd defendant came to know the false representations made by the respondent/plaintiff. THE mother of the second petitioner/defendant is 79 years of age and due to her ill health she could not attend the Court regularly and the suit was decreed ex parte on 12.12.2006. In order to establish their case, she filed written statement along with the petition to set aside the ex parte decree passed against them but the same was dismissed by the Subordinate Judge of Salem. Against the said dismissal, this Revision has been filed.

(3.) HEARD Mr. T. Karunakaran, the learned counsel appearing for the petitioners and Mr. M. Venkatachalapathy, learned senior counsel appearing for K. Rajasekar, learned counsel for respondent.