TARA Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners/respondents 3 to 6 have filed the present Civil Revision Petition as against the order dated 18/2/2004 in I.A.No.173 of 2003 in an unnumbered Appeal No.Nil/2004 passed by the learned Principal Sub-Judge, Kumbakonam.

(2.) THE respondents 1 and 2/petitioners/appellants have filed I.A.No.173 of 2003 on the file of the learned Principal Sub-Judge, Kumbakonam under Section 5 of the Limitation Act, 1963 praying to condone the delay of 765 days in preferring the appeal filed against the judgment and decree dated 31/7/2001 in O.S.No.170 of 1995 on the file of the First Additional District Munsif Court, Kumbakonam.

(3.) ACCORDING to the learned counsel for the petitioners, the learned Principal Sub-Judge, Kumbakonam, while allowing I.A.No.173 of 2003 on 18/2/2004 by passing a conditional order has not appreciated of the fact that the delay of 768 days in question has occurred due to extraordinary reason which cannot be condoned for the reasons assigned in the affidavit. Further, there is no cause of action for the respondents 1 and 2 to prefer an appeal as against the judgment and decree passed by the trial Court in O.S.No.170 of 1995 dated 31/7/2008.