S ALAGAMMAL Vs. MARIAMMAL

JUDGEMENT

(1.) Challenge in this civil revision petition is to the order dated 25.08.2008 passed in I.A.No.127 of 2008 in Original Suit No.131 of 2005 by the Sub court, Periyakulam.

(2.) The respondent herein as plaintiff has instituted Original Suit No.131 of 2005 on the file of the Court below on the basis of suit mortgage deed dated 20.02.1995, wherein the present revision petitioner has been shown as third defendant. The Court below has decreed the suit as prayed for in ex parte on 12.02.2007 and in filing a petition for setting aside the ex parte preliminary decree there is a delay of 370 days and in order to condone the same, the petition in question has been filed under section 5 of the Limitation Act in I.A.No.127 of 2008. The Court below has dismissed the same. Against the dismissal order, the present civil revision petition has been filed.

(3.) It is averred in the petition that the petitioner has been shown as third defendant and the respondent has instituted the present suit on the basis of mortgage deed. The husband of the petitioner has been living in a foreign country. The petitioner has suffered from illness for a period of six months. The counsel of the petitioner has informed about the ex parte preliminary decree passed on 12.02.2007. Under the said circumstances, the delay mentioned in the petition has occurred and in order to condone the same, the present petition has been filed.