G.THIRUMOORTHY Vs. R.RAJALAKSHMI

JUDGEMENT

(1.) The fifth defendant is the revision petitioner herein.

(2.) The first respondent herein has filed a suit in O.S.No.2 of 2010 before the trial Court for partition and the said suit was decreed. Subsequently, the revision petitioner herein along with defendants 1, 3 and 4 have filed an application in I.A.No.200 of 2013 under Section 5 of the Limitation Act and Section 151 of C.P.C. seeking to condone the delay of 226 days in filing the petition to set aside the ex-parte decree in O.S.No.2 of 2010, dated 09.03.2012. The first respondent herein/plaintiff has filed a counter opposing the said application on the ground that the decree dated 09.03.2012 is not an ex-parte decree and the shares have been determined on merits after examination of the parties to the suit.

(3.) The trial Court had dismissed the said application holding that what was passed is decree on merits and not an ex-parte decree and consequently, the petition under Order 9 Rule 13 of CPC does not lie. Consequently, application under Section 5 of the Limitation Act seeking to condone the delay of 226 days was dismissed. Hence, the present Civil Revision Petition is filed before this Court.