O R D E R

(The matter is heard through “Video Conferencing/Hybrid Mode”.)

This Civil Revision Petition is filed against the fair and decreetal order dated 02.06.2015 made in I.A.No.68 of 2014 in O.S.No.101 of 2009 on the file of the Principal District Court, Vellore.

2.The petitioner is the 2nd defendant and the respondent is plaintiff in O.S.No.101 of 2009 on the file of the Principal District Court, Vellore. The respondent filed the said suit against one Beebee John @ Shahina Bee, mother of the petitioner as 1st defendant and the petitioner herein for the relief of specific performance for agreement of sale dated 15.06.2006. In the said suit, the said Beebee John @ Shahina Bee and the petitioner did not appear. They were set exparte and exparte decree was passed on 24.08.2011. The respondent filed E.P.No.131 of 2011 for a direction to the petitioner and said Beebee John @ Shahina Bee under Order XXI Rule 35, for execution of the sale deed and for a direction to the petitioner and said Beebee John @ Shahina Bee to deliver the possession to the respondent. On 05.12.2012, the sale deed was executed by the Court. The respondent filed E.A.No.71 of 2013 to break open for taking delivery of possession by Court's amin and hand over the possession to the respondent. The same was ordered and lock was broke open and suit property was handed over to the respondent on

22.02.2014.

3.The petitioner filed E.A.No.28 of 2014 under Order XXI Rule 58 and Sections 47 & 151 of C.P.C. to dismiss E.P.No.131 of 2011, E.A.No.71 of 2013, E.A.No.183 of 2013 and E.A.No.24 of 2014 by adjudicating the claim of the respondent and stay of further proceedings in the E.P.No.131 of 2011. Subsequently, the petitioner filed the present I.A.No.68 of 2014 in O.S.No.101 of 2009 to condone the delay of 922 days in filing the petition to set aside the exparte decree. According to petitioner, he and his Mother / 1st defendant (hereinafter referred to as '1st defendant') were suffering from various ailments and went to Bangalore in the year 2005 for taking treatment. The first defendant suffers from psychiatric problem and at various times will make hue and cry and used to act unsensely. Due to petitioner's and 1st defendant's ailment, the petitioner was forced to stay in Bangalore for months together. Taking advantage of the same and abusing due process of law, the respondent got exparte decree dated 24.08.2011. The petitioner was not issued with any suit summons or notice in the E.P. Due to ill health and mental condition of 1st defendant, the Mother of the petitioner, he could not remain in Ambur, where the suit property is situated. The petitioner came to know about the exparte decree only on 22.02.2014, when Court amin broke open the lock of the petitioner's house. The petitioner obtained certified copies and filed the present petition to condone the delay of 922 days in filing the petition to set aside the exparte decree dated 24.08.2011. The 1st defendant filed suit in O.S.No.10 of 2012 on the file of the Principal District Munsif, Ambur, against the respondent for permanent injunction restraining the respondent herein from interfering with her peaceful possession and enjoyment of the suit property. In the written statement filed by the respondent in the said suit, the respondent has not mentioned about the exparte decree passed in the present suit and suppressing the death of the 1st defendant on 06.11.2013, continued to mislead the Court and obtained exparte order in E.P. also. The petitioner has got good case on merits. If delay is not condoned, the petitioner will be put to irreparable loss and hardship and prayed for condoning the delay.

4.The respondent filed counter affidavit and denied all the averments made in the affidavit and submitted that the petitioner except stating that he is temporarily residing in Bangalore, he has not furnished the Bangalore address. It is not correct to state that petitioner and his mother were taking treatment. The petitioner an