MADURAI BENCH OF MADRAS HIGH COURT
R.M.ANANTHAN, – Appellant
Versus
SHANTHI – Respondent
ORDER
This civil revision petition has been filed by the revision petitioner / plaintiff as against the order condoning the delay of 1416 days in filing appeal against the judgment and decree passed in the suit.
2.The brief facts, which are necessary to decide the present civil revision petition, are as follows:-
The revision petitioner had filed the suit in O.S.No.28 of 2005 for specific performance of contract in respect of the sale agreement executed by the deceased Janarthanan, who is the husband of the first respondents and father of the second and third
respondents. The suit was decreed in ex parte on 03.11.2008 and the respondents filed an application to set aside the ex parte decree with the delay of 86 days, but the same was returned pointing out certain defects and for representing the same, there was a delay of one year and four months. Though the Court below condoned the representation delay, it has dismissed the application for delay in filing a petition to set aside the ex parte decree as there is no sufficient reason assigned for condoning the same. Aggrieved by that order, the respondents 1 to 3 have approached this Court by
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