The Revision petitioner is the defendant in O.S.No.328 of 2002 on the file of the Court of the Principal Junior Civil Judge, Anantapur, which was decreed ex parte by judgment dated 21.10.2002.

2. This Civil Revision Petition is directed against the judgment dated 15.07.2008 in C.MANo.5 of 2007 on the file of the Court of I-Add!. District Judge, Anantapur, whereunder the order passed by the trial Court dismissing the defendant's application under Order 9 Rule 13 of C.P.C. to set aside the ex parte decree in O.S.No.328 of 2002 was confirmed.

3. The facts, in brief, are as under:

The respondent/plaintiff filed O.S.No.328 of 2002 for specific performance of the Agreement of Sale dated 18.04.1994 executed by the defendant in respect of the suit schedule property and to put him in possession of the said property after evicting the tenants therefrom. The said suit was decreed ex parte by judgment dated 21.10.2002. Pursuant thereto, the plaintiff filed E.P.No.12 of 2003 for execution of the decree and consequently a Registered Sale Deed dated 26.09.2003 was executed through the Court, and possession was also delivered to the plaintiff.

4. While so, on 01.12.2004 the defendant filed I.A.No