LAWS(MAD)-2007-8-514

K S NANNAMMAL Vs. M SARADHA

Decided On August 07, 2007
K S Nannammal Appellant
V/S
M Saradha Respondents

JUDGEMENT

(1.) This Civil Revision Petition has been preferred against the Order, dated 31.10.2007 made in I. A. No.358 of 2007 in O. S. No.633 of 2002 on the file of the Principal subordinate Judge, Salem.

(2.) It is an admitted fact that the respondent/plaintiff had filed the suit in O. S. No.633 of 2002 against the revision petitioner/defendant, seeking a decree for specific performance, based on the alleged agreement of sale entered into between the revision petitioner and the respondent herein. The suit was decreed exparte. Aggrieved by which, the revision petitioner herein filed an application to set aside the exparte decree, that was allowed. However, again exparte decree, on account of the non-appearance of the revision petitioner/defendant was passed by the court below. Pursuant to the decree, the respondent/decree holder filed Execution Petition before the Executing Court and as per the materials available on record, it is seen that the sale deed was also executed in favour of the respondent/decree holder. At this juncture, the revision petitioner filed an application under Order IX Rule 13 CPC, along with the application, under Sec.5 of the Limitation Act to condone the delay of 418 days in preferring the aforesaid Interlocutory Application, that was dismissed by the court below. Aggrieved by which, this Civil Revision Petition has been filed.

(3.) Mr. G. K. ILANTHIRAIYAN, learned counsel appearing for the revision petitioner contended that the court below has passed a crippled order, and according to him, proper reasons have not been given in the impugned order and therefore, this Civil Revision Petition has to be allowed.