Evidence required for property value claims, valid reasons for condoning delay, compliance with court orders

The order passed in EA.No.166 of 2008 in EP.No.38 of 2005 in O.S.No.809 of 2002 on the file of the Principal District Judge, Coimbatore, is under challenge in CRP.NPD.No.321 of 2009. The said EA.166 of 2008 was filed under Order 21 Rule 61 of CPC seeking the indulgence of the Court to adjourn the sale of the property scheduled to EP.No.38 of 2005 on the ground that value fixed by the Court for the property scheduled to the EP for sale as Rs.15 lakhs is very low because the property worth more than Rs.20 lakhs. Since the petitioner has not produced any material to show that the property will fetch more than the upset price fixed by the Court the said application for adjournment of sale was dismissed by the Court below, against which the CRP.NPD.No.321 of 2009 has been preferred.

2. CRP.NPD.No.2380 of 2008 has been directed against the order passed in I.A.No.993 of 2006 in I.A.No.960 of 2004 in O.S.No.809 of 2002 on the file of the Principal District Judge, Coimbatore. I.A.No.993 of 2006 was filed under Section 5 of the Limitation Act to condone the delay of 8 days in preferring a petition to set aside the exparte final decree. The reasoning stated in the affidavit to I.A.No.993 of 2006 is that the petitioner was ill from 012. 2005 till 14.02.2006. To substantiate that he was ill during the relevant point of time, he had not produced any material before the Court below. Hence, the said application was also dismissed by the Court below, against which CRP.NPD.No.2380 of 2008 has been preferred by the petitioner in I.A.No.993 of 2006.

3. CRP.NPD.No.2772 of 2008 has been directed against the order passed in I.A.No.994 of 2006 in O.S.No.809 of 2002 on the file of the Principal District Judge, Coimbatore. I.A.No.994 of 2006 was filed under Section 5 of the Limitation Act to condone the delay of 152 days in filing a petition to set aside the exparte preliminary decree passed in O.S.No.809 of 2008. The reasoning stated in the said application is that due to mental depression the petitioner could not meet is counsel from 31.07.2003 and he came to know only on 29.01.2004 that an exparte preliminary decree was passed against him. But the said application was also dismissed by the learned trial Judge on the ground that the reasoning stated in the affidavit to the petitioner for condoning the delay is not valid and acceptable.

4. It is brought to the notice of this Court by the learned counsel appearing for the respondent that the petitioner has not even complied with the order of this Court passed in the stay application ie., he has failed to deposit Rs.2 lakhs to the credit of O.S.No.809 of 2002 before the trial Court. The only grievance of the revision petitioner in the EP.No.38 of 2006 is that the upset price fixed by the Execution Court as Rs.15 lakhs for the property scheduled to the EP is low and according to him, the property schedule to the EP will fetch more than Rs.20 lakhs. The suit is on a promissory note. The EP cost itself comes to Rs.45,991/35. The learned counsel for the revision petitioner would state that he is prepared to pay the EP cost. Under such circumstances, I am of the view that if the petitioner deposits the EP cost of Rs.45,991/35 before the Court below to the credit of EP.No.38 of 2005, an opportunity must be given to the petitioner to file his objections to the upset price by filing relevant documents before the Execution Court. There is absolutely no reason to set aside the orders passed in I.A.No.993 of 2006 in I.A.No.960 of 2004 in O.S.No.809 of 2002 and I.A.No. 994 of 2006 in O.S.No.809 of 2002.

5. In fine, CRP.NPD.Nos.2380 & 2772 of 2008 are dismissed confirming the order passed in I.A.No.993 of 2006 in I.A.No.960 of 2004 in O.S.No.809 of 2002 and I.A.No. 994 of 2006 in O.S.No.809 of 2002 respectively on the file of the Principal District Judge, Coimbatore. CRP.NPD.No.321 of 2009 is allowed on condition the revision petitioner deposits the EP cost of Rs.45,991/35 (EP.No.38 of 2005) to the credit o