A EKAMBARAM Vs. RADHAMANI

JUDGEMENT

(1.) DEFENDANTS 2 and 3 in O.S.No.65 of 2004 on the file of the Principal District Munsif Court, Ambur, Vellore District, are the petitioners in the above Civil Revision Petition. The respondents herein have filed the said suit seeking a decree for specific performance of an agreement of sale, dated 03.12.1993, said to have been executed by the first defendant. Since the defendants have not filed their written statement in time, they have been set exparte, on 28.12.2005. The petitioners have filed I.A.No.244 of 2007 to condone the delay of 119 days in filing the petition to set-aside the exparte decree. In the affidavit filed in support of the said petition, it has been stated that since the petitioners had not received any communication from their counsel, the written statement could not be filed in time and it is further stated that there was no intentional default on the part of the petitioners in filing the written statement. The petition was opposed by the respondents herein contending that only with an intention to drag on the proceedings, they have not filed the written statement and now they have filed the present petition only to further drag on the proceedings. The Court below, on a consideration of the rival contentions, dismissed the petition and being aggrieved by that, the petitioners are before this Court.

(2.) HEARD the learned counsel on either side.

(3.) I have considered the rival submissions made by the learned counsel on either side and perused the materials available on record.