SUDARSHAN TRADING COMPANY LIMITED TUMKUR Vs. VEERANNA

JUDGEMENT

(1.) THESE three revisions arise from the orders of the Court below dated 8-12-1992 in Miscellaneous Case Nos. 435 and 433 of 1988, and order dated 2-2-1993 in Execution Case No. 51 of 1991, respectively, passed dismissing the common petitioner's applications filed under Order 9, Rules 3 and 4 of Civil Procedure Code in said Miscellaneous Case Nos. 435 and 433 of 1988, and application under Order 21, Rule 10, Civil Procedure Code in Execution Case No. 51 of 1991, as time barred.

(2.) CERTAIN undisputed facts are that petitioner (hereinafter called the 'company') had filed the suit in S. C. No. 3342 of 1981 against respondents in Civil Revision Petition No. 817 of 1993 and S. C. 3341 of 1981 against respondents in Civil Revision Petition No. 1074 of 1993 for recovery of certain debts due to the company from them. On 9-12-1992 both the said suits were dismissed for default by the Trial Court.

(3.) THEREAFTER, the respective applications under Order 9, Rules 4 and 5 read with Section 151, Civil Procedure Code were made by the company before the Court below in Miscellaneous Case Nos. 433 and 435 of 1988 along with LA. No. 1 under Section 5 of the Limitation Act, praying to restore the said suits in S. C. Nos. 3341 and 3342 of 1981 to its file by condoning the delay caused in making of the said applications and permit the company to prosecute further proceedings in the suits. 3 (a ). In Execution Case No. 51 of 1991, the company had filed the execution petition on 26-6-1991 in the Court below seeking execution of money decree dated 21-8-1972 against the judgement-debtor passed in S. C. No. 74 of 1972 for recovery of a sum of Rs. 745. 70 claiming benefit of Section 458-A of the Companies Act saving the period of limitation.