This Civil Revision Petition is filed against the fair and decretal order dated 112. 2007 passed in IA.No.349/2006 in unnumbered OS.NO. Of 2006 by the learned Sub Judge, Palani, condoning the delay of 961 days in re-presenting the suit for specific performance.

2. The learned counsel for the petitioners would contend that the reason assigned by the respondent for condoning such an inordinate delay of 961 days in re-presenting the suit is vague and unacceptable and in the facts and circumstances, the court below ought not to have exercised its discretion in favour of the respondent, especially when its attention was drawn to the fact that the plaint was presented without sufficient court fee, indicating clearly that the respondent had no sources to meet the demand and to establish his readiness and willingness, which is the main criteria in a suit for specific performance.

3. The learned counsel for the petitioners would further submit that the respondent has taken a document from the husband of the 1st petitioner on 11. 1998, styled as an agreement of sale and in the year 2004, the petitioners filed a suit in OS.No.710/2004 on the file of the District Munsif, Palani fo