N. Kirubakaran, J.

1. The Plaintiff is before this Court challenging the Order passed in the Application filed by the First Respondent under Section 5 of the Limitation Act for condoning the delay of 1753 days in filing the Application to set aside the ex parte Decree dated 7.9.2006 passed against him in the Suit for Specific Performance of the Agreement dated 29.11.2004 entered into between the Petitioner and the First Respondent. The facts of the case are as follows:

"The case of the Petitioner herein before the Trial Court in O.S. No. 74 of 2006 is that he entered into an Agreement of Sale dated 29.11.2004 with the First Respondent to purchase the property namely all piece and parcel of land together with building known as "JJ Shopping Complex" situated at No. 84, Bangalore High Road, Sriperumbudur Village and comprised in Old S. No. 731/7 and New S. No. 731/7A1 measuring to an extent of 2 acres and 30 cents for a sale consideration of Rs. 31,00,000/- and a sum of Rs. 5,00,000/- was paid as sale advance on that day itself."

2. Since the First Respondent failed to execute the Sale Deed, the Petitioner sent a Notice to the First Respondent on 9.6.2005 and thereafter filed t