KAVITHA Vs. LEELAVATHY

JUDGEMENT

(1.) THIS Revision is filed as against the order passed in I.A. No. 598 of 2011 in O.S. No. 658 of 2003 on the file of the I Additional District Munsif, Trichy, dated 10.10.2011. The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this Revision would run thus:

(2.) LEARNED counsel for the petitioner/plaintiff would pyramid his argument by highlighting that absolutely there was no reason much less sound reason for condoning the huge delay of 779 days. The fact remains that the defendant -Leelavathi who is the respondent herein had filed one another suit for declaration and injunction concerning the same suit property. In that suit, Leelavathi was cross -examined with reference to the application filed by Leelavathi to get the ex -parte decree set aside and the return of that application. Even after that, she failed to take a cue and swing into action in prosecuting the earlier proceedings. In such a case, the Lower Court is totally wrong in condoning such huge delay.

(3.) THE point for consideration is as to whether the Lower Court is justified in condoning the delay in re -presenting the petition.