IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.KUMARESH BABU, J
S.Senthil Kumari – Appellant
Versus
K.Appavu (deceased) – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of delay condonation for setting aside ex parte decree. (Para 1 , 2) |
| 2. respondents highlight petitioner's lack of diligence in proceedings. (Para 3) |
ORDER
This Civil Revision Petition is against the fair and decretal order, whereby, the Trial Court had dismissed the application to condone the delay of 320 days in filing an application to set aside the ex parte decree.
2. Mr.V.Achuthanandan, learned Counsel for the petitioner submits that the suit for Specific Performance had been initiated by the deceased sole respondent on the strength of an agreement of sale that he had entered with the first defendant from whom the petitioner had purchased the property. He submits that when the matter was listed for hearing on 01.09.2010, the petitioner was suffering from Jaundice and he was set ex parte on the said date and the suit was proceeded to be decided ex parte on 29.09.2010. Immediately, on knowing of the said fact, he had taken out an application to set aside the ex parte decree. Without considering the same, by only taking into consideration that pursuant to the Execution Petition filed in that regard, in which notice has also been served upon
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