IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 12.07.2021 Pronounced On 03.08.2021 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN S.A.No.381 of 2012 and M.P.No.1 of 2012 (Through Video Conferencing)

1.G.Bagyalakshmi

2.G.Sakthivel

3.G.Shanmugam (Died)

4.G.Anantha Kumar

5.S.Palaniammal

6.Minor S.Yogeswaran rep.by his mother/guardian S.Palaniammal

7.Minor S.Dharani rep.by his mother/guardian S.Palaniammal (Appellants 5 to 7 brought on record as Lrs. of Appellant 3 vide order dated 12.07.2021 made in C.M.P.No.10318 of 2021) ...Appellants vs.

1.Nachimuthu (Died)

2.Dhamodharan

3.Chinnarasu

4.Pappathi

5.Jayalakshmi

6.Gokila

7.Jayanthi (Respondents 2 to 7 brought on record as Legal representatives of sole respondent vide order dated 2.07.2021 made in C.M.P.No.17130 to 17132 of 2017.) .. Respondents This Second Appeal filed under Section 100 of the Code of the Civil Procedure, against the Judgment and Decree dated 27.07.2011 in A.S.No.90 of 2008, on the file of the First Additional District Court, Coimbatore confirming the Judgment and Decree dated 15.07.2008 in O.S.No.1413 of 2001 on the file of the Principal Sub-ordinate Court, Coimbatore.

For Appellants : Mr.C.R.Prasanan For Respondents : Mr.S.Mukunth for M/s.Sarvabhauman Associates

J U D G M E N T

This Second Appeal has been filed by the legal representatives of the deceased plaintiff against the Judgment and Decree dated 27.07.2011 passed by the I Additional District Court, Coimbatore (hereinafter referred to as First Appellate Court) in A.S.No.90 of 2008.

2. By the impugned Judgment and Decree, the Appellate Court had dismissed the appeal filed by the appellants herein against the Judgment and Decree dated 15.07.2008 passed by the Principal Subordinate Court, Coimbatore (hereinafter referred to as Trial Court) in O.S.No.1413 of 2001.

3. The plaintiff (since deceased), whose interest was represented by second to fifth plaintiffs before the Trial Court and the appellants herein had originally filed in O.S.No.1413 of 2001 on 20.11.1998 for the following reliefs before the Trial Court:-

“ i. for specific performance of the agreement dated 22.11.1995 and directing the defendant to execute the sale-deed on receipt of the remaining sale consideration for a sum of Rs.14,800/- (fourteen thousand eight hundred rupees only) out of the total consideration agreed by the defendant (seller) fixing the sale-price for a sum of Rs.2,15,000/- (two lakhs and fifteen thousand rupees only) free from all encumbrances within a date to be specified by this Court and in case the defendant commit default to get sale deed executed and registered by this court in favour of the plaintiff by the defendant at the cost of the defendant herein;

ii. directing the defendant to pay the cost of the suit;

iii. pass such other suitable reliefs like return the entire advances with 36% annual interest (compound) from the period of receipt of the advance(s) till the same are returned to the plaintiff in case if she desires.”

4. The suit was filed by the deceased plaintiff (Ponnammal) on

20.11.1998. It was just two days before the expiry of the lapses of period of three years limitation on payment of a token Court Fee of Rs.1.

5. Subsequently, the Court Fee was paid over a period of time and finally the suit was taken on file on 07.12.2001, though no supporting application for extension of time under Section 149 of CPC was filed by the deceased plaintiff before the Trial Court. The Trial Court kept extending the time to pay the Court Fee by the deceased plaintiff.

Ultimately, the suit was numbered on 07.12.2001.

6. Before the Trial Court, the first respondent/sole defendant (since deceased, whose interest is represented by the second to fifth respondents in this Second Appeal) resisted the above suit denying the execution of Ex.A3 Sale Agreement dated 22.11.1995 and receipt of the sale consideration pursuant to the said aforesaid Ex.A3 Sale Agreement. 7. Eventually, the suit was dismissed by the Trial court on the ground that the suit was time barr