LAWS(MAD)-2019-9-720

RAMAKRISHNAN NAIR AND ORS. Vs. MUTHAIAN

Decided On September 19, 2019
Ramakrishnan Nair And Ors. Appellant
V/S
Muthaian Respondents

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioners against the fair and final order I.A.No.219 of 2010 in O.S.No.31 of 2006, passed by the court below dismissing the application filed to condone the delay of 1053 days in filing a petition to set aside the ex-parte decree, dated 22.03.2007.

(2.) The respondent has filed the suit against the petitioners for the relief of specific performance. This suit was decreed ex-parte by judgment and decree, dated 22.03.2007.

(3.) It is the case of the petitioners that they came to know about the ex-parte decree passed against them only in the year 2009, i.e., when they received the notice in the execution proceedings. Immediately thereafter, they have filed the petition to set aside the ex-parte decree along with a condone delay petition, to condone the delay of 1053 days in setting aside the ex-parte decree.