Therasitta Santhi, the respondent herein filed the suit for specific performance against the petitioner herein on the basis of the sale agreement dated 21-2-1995. The petitioner did not choose to appear before the Court. So, the suit was decreed ex-parte. Time was granted for payment of the balance sale consideration. Since the petitioner did not agree to receive the amount, the respondent filed execution petition in E.P.No.72 of 1999 after depositing the balance sale consideration. The petitioner filed an application in E.A.No.274 of 2002 in E.P.No.72 of 1999 under Section 28 of the Specific Relief Act, praying for rescission of the agreement dated 21-2-1995. This was contested by the respondent on the ground that the application was barred by limitation and the decree did not specify the period for payment of balance sale consideration. Endorsing this objection, the application filed in E.A.No.274 of 2002 was dismissed by the executing Court. Hence, this civil revision petition.

2. Relevant facts essential to decide the issue, are as follows:-

(a) On 21-2-1995, the petitioner executed an agreement of sale in favour of the respondent for a total sale consideration of Rs.