- (1.)THIS Civil Revision Petition is filed against the order dated 12.04.2006 made in CMA.No.13/2005 by the learned Subordinate Judge, Padmanabhapuram, confirming the order dated 3.10.2005 made in IA.No.376/2003 in OS.No.235/1999 by the learned Principal District Munsif, Padmanabhapuram.
(2.)THE 1st Respondent herein as Plaintiff filed the suit in OS.No.235/1999 against Thangamma Nadachi, the grand mother of the Revision Petitioner herein for specific performance of the sale agreement dated 15.7.1999. It is stated that on the first date of hearing i.e. on 22.1.1999 one Selvamani, Advocate had entered appearance and filed a Written Statement conceding to pass a decree in favour of the 1st Respondent/ Plaintiff. Subsequently issues were framed and when the case was listed for trial, the Defendant remained absent and hence, an exparte decree was passed against the Defendant/Thangamma Nadachi.
An application to set aside the exparte decree was filed by Thangamma Nadachi in IA.No.376/2003 which was dismissed by the learned Principal District Munsif, Padmanabhapuram and the appeal preferred by her in CMA.No.13/2005 was also dismissed by the learned Subordinate Judge, Padmanabhapuram, as against which the present Civil Revision Petition is filed. Pending the appeal in CMA.No.13/2005, Thangamma Nadachi died and the present Revision Petitioner had been brought on record as legal representative of Thangamma Nadachi.

(3.)THE grounds, on which the Defendant/Thangamma Nadachi sought to set aside the decree, are stated below:-
ThangammaNadachi had filed a suit for partition against the 1st Respondent and others for partition of her 1/9th share in OS.No.703/1987 on the file of the learned Principal District Munsif, Padmanabhapuram and a preliminary decree was passed in favour of Thangamma Nadachi by Judgement and Decree dated 21.7.1996, negativing the contention of the other co-sharers including the 1st Defendant, who relied on a decree which according to Thangamma Nadachi is a collusive decree. As against the said Judgement and Decree, some of the co-sharers preferred appeal in AS.No.110/1997 on the file of the Sub Court, Padmanabhapuram. During the pendency of the said appeal, she had come to know of the exparte decree passed in the present suit in OS.No.235/1999 dated 21.1.2000. On further verification, she had come to know that one Advocate by name Selvamani had filed vakalath and even on the first date of hearing, that is, on 22.11.1999 had filed the Written Statement submitting to the decree. The Presiding Officer, who entertained some doubt, posted the case on 23.11.1999 for identification of the parties and thereafter, the case was adjourned to 24.11.1999 and then to 26.11.1999. In the meanwhile, the Presiding Officer was transferred and the Judge, who succeeded him, framed issues on 6.1.2000 and posted the case for trial. Since the Defendant did not appear, she was set exparte.