JUDGMENT :

(Prayer: Civil Revision Petitions are filed under Section 115 of CPC., to set aside the order and decreetal order passed in I.A.No.470 of 2012 in O.S.No.147 of 2008 on the file of the Sub Court, Kanchipuram dated 17.10.2016 and allow the CRP.)

1. This Civil Revision Petitions is directed as against the fair and decreetal order dated 17.10.2016 passed by the learned Sub Judge, Kanchipuram in I.A.No.470 of 2012 in O.S.No.147 of 2008, thereby dismissing the petition to condone the delay of 793 days in filing the petition to set aside the ex-parte decree dated 09.05.2009.

2. The petitioner is the fourth defendant in the suit filed by the respondent for specific performance on the basis of the agreement for sale dated 16.05.2007. After receipt of the summons, the petitioner engaged counsel and thereafter failed to file written statement. Therefore, he was set ex-parte and ex-parte decree was passed by the judgment and decree dated 09.04.2009. Thereafter, the petitioner filed petition to set aside the ex-parte decree with the condone delay petition and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition.

3. The learned Senior Counsel appearing for th