R.S.SORNAM Vs. RATHINAM

JUDGEMENT

(1.) The present Civil Revision Petition has been filed challenging the judgment and decree passed by the Sub Court, Thoothukudi in O.S.No. 87 of 2009.

(2.) The petitioner is the third party and he has filed this Civil Revision petition challenging the judgment, after seeking the leave of this Court and this Court had granted leave by an order dated 26.06.2012, made in M.P.No.1 of 2012.

(3.) It is seen from the records that the first respondent/ plaintiff had filed a suit for specific performance against the second respondent/ defendant. A careful reading of the plaint shows that the suit for specific performance was filed in the year 2009 based on the alleged agreement of sale dated 27.06.1986. In other words, a sale agreement is sought to be acted upon after nearly 23 years by filing the present suit. The plaint does not any where give any details as to how the plaintiff is justifying this enormous delay. A notice was served on the second respondent/ defendant and he comes before the Court and files a memo on 18.09.2019, submitting himself to the decree.