The binding nature of a sale agreement and the maintainability of applications under Sections 47 and 151, C.P.C.

1. This Civil Revision Petition is directed against the order dated 22.12.2003 made in E.A.No.330/03 in E.A.No.154/2002 in E.P.No.82/2001 in O.S.No.473/1993 on the file of Sub Court, Karur. The Revision Petitioners are the defendants 2 to 4 in O.S.No.473/93 on the file of Sub Court, Karur.

2. The first respondent herein filed the suit for specific performance of the contract of sale pursuant to the agreement dated 11.12.1985 executed by the defendants 1 and 2 for themselves and on behalf of defendants 3 and 4. In the said suit, defendants 1 to 4 have not filed written statement, remained ex parte and defendants 5 and 6 have contested the suit and ultimately, the suit was decreed on 10.10.2000. Pursuant to the same, the plaintiff filed E.P.No.82/2001 for execution of sale either by defendants or through Court and as the defendants have not come forward to execute the sale, the Court has executed the sale deed on 17.4.2003 and the plaintiff filed E.A.No.154/02 for taking delivery of the suit property through Court. That in the said application, defendants 2 to 4 have filed an application in E.A.No.330/03 under Sections 47 and 151, C.P.C to declare the judgment and decree passed in O.S. No.473/93 is not valid and also questioning the execution of the sale deed in favour of the plaintiff and for other reliefs. The Revision petitioners have also filed an application for stay of the decree.

3. The Executing Court had taken up all the applications together and passed a common order on 22.12.2003 dismissing the application filed by the defendants 2 to 4/Revision petitioners under Sections 47 and 151, C.P.C and allowed the application in E.A. No.154/03 filed by the plaintiff. Pursuant to the same, the plaintiff/decree-holder had taken delivery of the suit property on 29.1.2004 and the plaintiff also filed the certified copies of the order passed by the Executing Court in E.A.No.154/2003.The order passed by the Executing Court in E.A.No.330/03 is under challenge in this Civil Revision Petition.

4. Heard the learned advocate for the Revision Petitioner and the respondent.

5. It is the contention of the learned Advocate for the Revision Petitioners that they are the absolute owners of the suit property and they have filed certain other suits before some other Courts and they were under the impression that all these suits would be tried jointly along with O.S. No.473/93, but it was not done so. But, however, they have admitted that they have remained ex parte in the suit. They are questioning the decree and judgment on the ground that the sale agreement executed in favour of the plaintiff is not valid and binding upon the minor petitioners 2 and 3 and no permission was obtained from the Court to sell the suit property on behalf of minors also.

6. The first respondent/plaintiff’s contention is that the suit agreement executed by the defendants on their behalf and also on behalf of minors is binding upon all the parties and the suit was also filed in time and there was no revocation of the sale agreement as contended by them.

7. Defendants have filed an application to set aside the judgment and decree in I.A. No.830/02 and as there was a delay in filing the petition, the same was dismissed on 31.10.2002 on the ground that there was no proper reasons to condone the delay. As against the said order, defendants have preferred Civil Revision Petition No.1559/2002 before this Court, which was dismissed on 28.2.2003. After having embarrassed the defeat, the defendants have filed the present application under Sections 47 and 151, C.P.C.

8. The learned advocate for the Revision Petitioners has advanced the argument before the Executing Court questioning the validity of the decree and the Court below had taken into consideration all the aspects of the case and came to the conclusion that the petition under Sections 47 and 151, C.P.C. is not maintainable and dismissed the same. Consequently, application in E.A.Nos.330/2003 and 331/2003 we