LAWS(DLH)-2008-5-172

LILAWANTI Vs. SUMITRA DEVI

Decided On May 28, 2008
LILAWANTI Appellant
V/S
SUMITRA DEVI Respondents

JUDGEMENT

(1.) THIS application under Section 5 of the Limitation Act has been filed by the defendant for condoning the delay in filing an application under Order 9 rule 13 CPC.

(2.) IN view of the submissions made therein, the application is allowed. The delay in filing the application under Order 9 Rule 13 of CPC is hereby condoned.

(3.) THIS application under Order 9 Rule 13 CPC has been filed by the defendant for setting aside the decree and order dated 3rd August 2006 passed by this Court against the defendant. It is submitted by the defendant that defendant came to know of passing of the said decree and order only on 25th november 2006 when a letter dated 30th October 2006 issued by the Registrar of this Court was found near the shop of the defendant's son at 6, Princep Street, calcutta. Defendant's son was having a part of this property and part of the property was with the plaintiff. The defendant was more than 70 years of age and remained almost ill and had not been moving out from Calcutta. After receipt of letter from the Registrar of this Court, defendant contacted an advocate in november 2006 and after inspection of the judicial file, the instant application was made by the defendant.