R SIDDESWARAN Vs. SELVI

JUDGEMENT

(1.) The instant Civil Revision petition has been filed challenging the order dated 28.02.2014 passed by the I Additional Subordinate Judge, Salem in REA No.276 of 2013 in REP No.128 of 2013.

(2.) The petitioner is the decree holder, he having obtained a decree for specific performance of an agreement of sale in his favour by the judgment and decree, dated 23.11.2012 passed by the Principal Subordinate Judge, Salem in O.S. No.4 of 2012. It was an ex-parte decree. He filed an Execution Petition R.E.P. No.128 of 2013 to execute the ex-parte decree, dated 23.11.2012 passed in his favour in O.S. No.4 of 2012. The respondents, who are the judgment debtors entered appearance in R.E.P. No.128 of 2013 and a counsel represented them in the said Execution Petition by filing a counter. Thereafter, the respondents were set ex-parte on 07.06.2013 due to non appearance on the said date. Thereafter, R.E.A. No.276 of 2013 was filed by the respondents under Order XXI Rule 106 CPC to set aside the ex-parte order dated 07.06.2013 passed in R.E.P. No.128 of 2013.

(3.) According to the respondents, the petitioner has obtained ex-parte decree on 23.11.2012 in O.S. No.4 of 2012 based on an agreement of sale, which according to them is a forged and fabricated document and it is an invalid sale agreement. Further, it is stated in the affidavit filed in support of in R.E.A. No.276 of 2013 by the first respondent on behalf of the remaining respondents that the first respondent was suffering from Jaundice and she was unable to attend the Court on 23.11.2012. It has also been stated that their counsel was also unwell from 07.06.2013 to 24.09.2013 and he was taking treatment and was bed ridden during that particular period. It has also been admitted by the respondents that R.E.A. No.276 of 2013 filed by them to set aside ex-parte decree dated 23.11.2012 passed in O.S. No.4 of 2012 was also dismissed for default on 16.07.2013. With these averments, an application has been filed under Order XXI Rule 106 CPC to set aside ex-parte order dated 7.06.2013 passed in Execution Petition viz., R.E.P. No.128 of 2013.