(Revision Petition filed under Section 115 of the Code of Civil Procedure against the fair and decreetal order dated 23.03.2005 made in I.A.No.1143 of 2002 in O.S.No.58 of 2000 on the file of Subordinate Judge, Tirupur.)

The above revision is directed against the order of the learned Subordinate Judge, Tirupur dated 23.03.2005 made in I.A.No.1143 of 2002 in O.S.No.58 of 2000, in and by which the learned Judge condoned the delay of 803 days in filing a petition to set aside the abatement caused due to the death of the defendant.

2. Heard the learned counsel for the petitioners as well as for the respondent.

3. The respondent herein/plaintiff filed O.S.No.58 of 2000 on the file of Subordinate Judge, Tiruppur, praying for decree for specific performance based on an agreement dated 30.07.1998. Pending the said suit, the defendant died on 02.02.2001, leaving behind his two daughters and one son as his legal heirs. The plaintiff filed I.A.No.1143 of 2003, praying to condone the delay of 803 days in filing an application under Order XXII Rule 9 of Code of Civil Procedure. In the affidavit filed in support of the above petition it is stated that he was not aware of further proceed