ORDER :

(Prayer: Petition filed under Section 115 of the Civil Procedure Code, against the fair and final order, dated 29.11.2011 in I.A.No.326 of 2008 in O.S.No.179 of 2004 on the file of the learned Principal District Judge, Trichy.

Petition filed under Section 115 of the Civil Procedure Code, against the fair and final order, dated 06.09.2012 in I.A.No.4 of 2010 in I.A.No.326 of 2008 in O.S.No.179 of 2004 on the file of the learned Principal District Judge, Trichy.)

1. C.R.P.(MD) No.1303 of 2012 has been filed against the dismissal of the application filed under Section 5 of the Limitation Act, 1963, to condone the delay of 1305 days in filing the petition to set aside the exparte decree.

2. C.R.P.(MD) No.871 of 2013 has been filed against the order passed by the Court below dismissing the application, filed under Section 28 of the Specific Relief Act, for non-prosecution.

3. The order to be passed in C.R.P.(MD) No.1303 of 2012, will have a bearing in C.R.P.(MD) No.871 of 2013 and therefore, C.R.P. (MD) No.1303 of 2012 is taken up first for consideration.

4. The petitioner is the defendant in the suit filed by the respondent seeking for the relief of specific performance.

5. The suit f