The respondents issued legal numberice dated 24.11.2010 calling upon the appellants either to execute the sale deed or refund the advance amount of Rs.1,50,00,000/ with interest at the rate of 12 p.a.
On 16.06.2011, the appellants defendants were set ex parte in the suit.
Appellants and respondents entered into an agreement of sale on 1.08.2008, under which the respondents agreed to purchase the property of the appellants being the factory premise for a sum of Rs.5,00,00,000/ and the respondents paid Rs.1,50,00,000/ towards part of sale companysideration.
The said application was allowed by the Principal District Judge, Thanjavur by order dated 4.12.2012 imposing companydition to deposit a sum of Rs.10,00,000/ .
1,50,00,000/ with interest.
Being aggrieved by the stringent companydition, the appellants filed revision petitions before the High Court.
The appellants have filed I.A. No.78 of 2012 to set aside the ex parte decree alongwith application to companydone the delay of 382 days under Section 5 of the Limitation Act.
The appellants averred that they came to know about the ex parte decrees only on 13.07.2012, when they saw a public numberice in the daily newspaper regarding the attachment of the suit property.
The said suit was decreed ex parte on 16.06.2011.
These appeals arise out of companymon order dated 16.04.2013, passed by the High Court of Madras, Madurai Bench in C.R.P. NPD MD No.4/2013 and C.R.P. NPD MD No.5/2013 respectively, companyfirming the order dated 4.12.2012 passed by the Principal District Judge, Thanjavur, imposing companyditions to deposit Rs.1,50,00,000/ and Rs.10,00,000/ , as a companydition to companydone the delay in filing the applications to set aside the ex parte decrees passed in O.S.No.3 of 2011 and O.S. No.6 of 2011.
BANUMATHI, J. Leave granted.
After recording evidence adduced by the respondents plaintiffs on 5.07.2011, the said suit was decreed ex parte by the Principal District Judge, Thanjavur.
The case was adjourned from time to time on various dates.
The appellants filed I.A.No.77 of 2012 and I.A. No.78 of 2012 in both the suits praying for companydonation of delay of 355 days and 382 days respectively in filing the applications under Order IX Rule 13 CPC, for setting aside the ex parte decrees.
Respondents have also filed another suit O.S. No.6 of 2011 for recovery of a sum of Rs.10,00,000/ said to have been paid by them to the appellants by way of an advance towards the purchase of another property.
The sale transaction companyld number be companypleted.
The appellants received the said numberice and sent the reply offering to return the said amount but without interest.
