STATE BANK OF INDIA Vs. VENDANATHANGAL DAIRY FARM

JUDGEMENT

(1.) In a suit filed by the appellant the trial court on 18-4-1978 passed a preliminary decree in a foreclosure suit and granted 3 months' time to the mortgagor to pay the amount decreed which was Rs 2,52,517.17 plus interest thereon. On the defendant having failed to make the payment within time right accrued to the appellant to apply for a final decree. Such an application could have been filed by 18-7-1981. There was, however, delay in this regard and an application under Order XXXIV Rule 2 (l) (c) (ii) CPC was filed by the appellant on 30-1-1982. Along with this an application under Section 5 of the limitation Act, 1963 was filed praying for condonation of delay in the filing of the said application.

(2.) The trial court by its short order dated 19-12-1984 rejected the application under Section 5 by observing that Section 5 of the Limitation act, 1963 did not apply to such an application.

(3.) The appellant filed a civil revision before the High Court at Madras. This was filed on 22-3-1985 i. e. well within the period of 90 days. It appears that the Registry of the High Court returned this revision petition notifying certain defects in the filing of the same. This return took place on 15-6-1985 and after removing the defect the papers were re-presented on 1-7-1985. The registry again returned the same on 4-7-1985 notifying certain other defects which were removed and the revision petition was refiled on 10-7-1985. Nothing happened for another 10 months till on 15-5-1986 the Registry of the High Court again returned the papers asking for additional court fee of rs 1 to be affixed and tight-set index and date was required to be added. These defects were removed and the petition was filed on 21-5-1986. Once again on 23-5-1986 the petition was returned requiring the appellant to give an explanation in regard to the delay of 84 days in the presentation of the same and the appellant was also required to affix court fee of a sum of rs 1.50 on the certified copy of the decree. Thereupon, application under section 5 for condonation of delay being CMP No. 7977 of 1986 was filed on 29-6-1986.