1. The petitioner is the defendant in a suit for specific performance filed by the respondent herein. He is aggrieved against the order of the court below in rejecting his application filed under section 5 of the Limitation Act, seeking to condone the delay of 369 days in filing a petition to set aside the exparte decree passed in the said suit on 16.06.2010.

2. Short facts for consideration in this civil revision petition are as follows: The plaintiff/respondent herein filed O.S.No.187/2009 on the file of the District Court, Thiruvallur against the petitioner for a specific performance of an agreement of sale dated 28.07.2005. It is his case that the petitioner agreed to sell vacant land measuring an extent of 50 cents and comprised in Survey No.1460/2 situated at Lakshmipuram Madura, Mahavaram Village, Ambattur Taluk, Thiruvallur District for a total sum of Rs.60,00,000/- by receiving an advance amount of Rs.50,000/-. It is his further case that on 31.10.2005, a further sum of Rs.10,00,000/- was paid by cash to the defendant. Thereafter, the defendant failed to produce the documents such as Patta, Chitta and Adangal as well as the Death Certificate of one Muniyammal. E