SANTHI Vs. V.M.RAVI

JUDGEMENT

(1.) Aggrieved over the Order dated 27.06.2011 made in I.A.No.127 of 2009 in O.S.No.59 of 2005 on the file of the Principal Subordinate Court, Salem, the petitioners, who are the defendants in the above referred suit, filed this Civil Revision Petition.

(2.) Before the trial Court, the first respondent in this revision petition, has filed a suit in O.S.No.59 of 2005, as against the first petitioner and her husband viz., Duraisamy and sought for the relief of specific performance, directing the first petitioner and her husband to execute and register a sale deed in favour of the first respondent/ plaintiff, after receiving the balance sale consideration of Rs.50,000/- or in alternative, directing them to pay a sum of Rs.2,50,000/- to the first respondent/plaintiff with an interest of 24% per annum from the date of the suit till the date of realisation.

(3.) On 15.03.2005, since the first petitioner and her husband/ defendants did not appear before the trial Court, the learned Principal Subordinate Judge, Salem, passed an order of exparte as against the first petitioner and her husband and decided the suit in favour of the first respondent/plaintiff. Subsequent to the passing of exparte order, the first petitioner came to the knowledge that an exparte decree has been passed against her and her deceased husband Duraisamy only on 24.12.2008. Immediately along with the legal heirs, she filed an application in I.A.No.127 of 2009, under Section 5 of Limitation Act and pleased to condone the delay of 3 years 259 days in filing the petition to set aside the exparte decree. The learned Principal Subordinate Judge, Salem, after affording opportunities to the first respondent/ plaintiff and after receiving his objection, by an order dated 27.06.2011, dismissed the application filed by the petitioners herein with cost. Aggrieved over the same, the petitioners are before this Court with the present Civil Revision Petition.