VEERASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) INVEIGHING the order dated 26.11.2007 passed in I.A.No,871 of 2007 in O.S.No,34 of 2002 by the District Munsif Judge, Perambalur, this civil revision petition is focussed.

(2.) THE warp and woof of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition, would run thus:- THE revision petitioner/plaintiff filed the suit O.S.No,34 of 2004 seeking the following relief: "to direct the defendant to grant a valid assignment with regard to the suit property in the name of plaintiff in specific performance of the promise made by him and if the defendant refuses to do so within the time stipulated by this Honourable Court this Honourable itself conveys valid title of the suit property in favour of the plaintiff." THE ex-parte decree was passed on 28.3.2005. THEreafter the respondent/defendant filed the I.A.No,871 of 2007 for getting the delay of 725 days condoned in filing the application to get set aside the ex-parte decree. THE petitioner/plaintiff resisted the same. However, the lower Court allowed the application on cost of Rs.500/- payable by the defendant in favour of the plaintiff. Being aggrieved by and dissatisfied with the said order, this civil revision petition is focussed by the plaintiff.

(3.) WHEREAS, the learned Special Government Pleader would advance her argument that the lower Court taking into consideration the seriousness of the matter and also the fact that the Government has to be given one more opportunity of defending the case, has chosen to condone the delay, which warrants no interference by this Court.