PRABHU Vs. MOHANABALUSAMY

JUDGEMENT

(1.) The petitioner herein has come up with the present Civil Miscellaneous Petition to condone the delay of 1521 days in filing the Civil Miscellaneous Appeal against the Fair and Final Order passed in I.A.No.59 of 2013 in O.S.No.15 of 2011 on the file of Additional District Court, Bhavani dated 19.02.2015.

(2.) The petitioner herein has filed a suit in O.S.No.15 of 2011 on the file of the learned Additional District Judge, Bhavani against the respondent herein seeking a decree by directing the respondent to execute the sale and get it registered within the time stipulated by getting the balance of sale consideration of Rs.5,00,000/- from the petitioner and permanent injunction by restraining the respondent, her men and agent from interfering with the petitioner's peaceful possession and enjoying the suit property.

(3.) Earlier, the father of the petitioner had sought leave before this Court to appear on behalf of petitioner / plaintiff in the said suit and the leave was granted by this Court on 09.09.2019 based on the registered Power of attorney. The respondent had filed a written statement in the said suit. As the petitioner / plaintiff was residing in Saudi Arabia and working there at the time of conducting the suit before the said court, he had given a said power of attorney,which was notarized on 28.02.2011. When the suit was posted on 17.07.2013 for trial, the father of the petitioner [power of attorney] herein could not appear before the said court due to his health issues and it was not on any other reason. But the trial court has dismissed the same for non-prosecution and within a period of limitation, he has filed I.A.No.59 of 2013 in O.S.No.15 of 2011 to restore the suit on 13.08.2013. The respondent filed a counter that no special power of attorney was filed along with the petition, immediately, the petitioner herein had filed a special power of attorney along with a memo and the respondent has raised an objection. Since the power of attorney was only a notarized one and not registered and objected for the same. The trial court had dismissed the same as not maintainable on 19.02.2015 on the ground that the Special Power of Attorney was not registered on the day of execution.