ORDER

This Civil Revision Petition has been filed to set aside the fair and decretal order dated 03.06.2023 passed by the learned 1st Additional District

Court, Salem, I.A.No.2 of 2022 in O.S.No.143 of 2021.

2. Before the trial Court, the respondent filed a suit in O.S.No.143 of

2021 for the relief of specific performance with alternative relief. Further, the trial had issed a summons to the defendant but he has not appeared and thereafater, he was remained exparte and the said suit was decreed in respect of alternative relief and dismissed the suit in respect of specific performance. Further, the revision petitioner/defendant has filed an application to condone the delay of 127 days in filing the application to set aside the exparte decree dated 03.01.2022 in O.S.No.143 of 2021.. The said application was dismissed by the trial Judge, holding that there was no proper reason assigned in the delay application.

3. Challenging the same, the defendant/ revision petitioner has filed this Civil Revision Petition before this Court.

4. The learned counsel for the revision petitioner submitted that the revision petitioner taken efforts to get documents in order to prove his case and after obtaining the said documents, he filed the appliction to condone the delay. He further submitted that the revision petitioner is ready to contest the case. Hence, he prays to allow this petition.

5.By way of reply, the learned counsel for the respondent submitted that proper reason not assigned in the affidavit and the revision petitioner has not mentioned in the petition what are the documents relied in this case Hence, the trial Court has rightly appreciated the facts and dismissed the application.

6. On perusal of the recors, it reveals that the revision petitioner wants to get some documents and he has not specifically mentioned in the petition. Further, the suit was filed by the plaintiff in the year 2021 for the relief of specific performance and alternative reliefs. The said suit decreed in favour of the plaintiff. As a result, the plaintiff has preferred EP before the Executing Court Admittedly, as per the plaintiff's claim comes around of Rs.56,61,000/- with interest. However, liberty is granted to the plaintiff to raise all defence before the trial Court

7. Considering the facts and circumstances of the case, the trial Court had issued notice to the defendant but he has not appeared and thereafter, he was remained exparte, the decree was passed. Further, the application filed by the petitioner to condone the delay of 127 days and without proper reason assigned, the trial Court had dismissed the application. Hence, this Court is of the opinion that the petitioner is unable to get some documents, he could not file the written statement and after obtaining the documents, he filed an application before the trial Court and the same dismissed by the trial Judge, which need interference by this Court. Therefore, if the opportunity is not given to the revision petitioner, his valuable right of his defence will be defeated. The order passed by the trial Court in I.A.No.2 of 2022 dated03.06.2023 is hereby set aside. However, the trial Court is directed to dispose of the suit as early as possible. The revision petitioner is directed to deposit a sum of Rs.50,000/- before the trial Court in the suit, within a period of 4 weeks from the date of receipt of copy of this order.

8. In the result, this Civil Revision Petition is disposed of. No costs.

19.12.2023

Speaking / Non Speaking order

Neutral Citation : Yes/No

Index :Yes/No msrm

To

1. The learned 1st Additional District Judge, Salem.

2. The Section Officer,

VR Section,

High Court of Madras.

T.V.THAMILSELVI.J, msrm

CRP(NPD).No.2372 of 2023

19.12.2023