SAITHOON BEE Vs. SHAMIM UNISHA

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A. No. 43 of 2009 in O.S. No. 95 of 2000 on the file of the District Munsif cum Judicial Magistrate Court, Pennagaram, the plaintiffs have filed the above Civil Revision Petition.

(2.) The plaintiffs filed the suit in O.S. No. 95 of 2000 for specific performance.

(3.) Since the defendants failed to appear before the trial Court, an exparte decree was passed against them on 05.12.2002. Thereafter, the defendants filed an application in I.A. No. 43 of 2009 to condone the delay of 1650 days in filing the application to set side the exparte decree. In the affidavit filed in support of the petition, the defendants have stated that they came to know about the exparte decree only when they received the summons in the execution proceedings and that no notice was served on them in the suit. The averments stated in the affidavit filed in support of the petition were disputed by the plaintiff in her counter. The trial Court, taking into consideration the case of both parties, dismissed the application stating that the averments stated in the affidavit are false. While dismissing the application, the trial Court took into consideration the endorsement made by the Bailiff in the summons wherein the Bailiff has stated that the defendants refused to receive the suit summons, hence, the same was affixed in the defendants' house.