RAMARAJ THEVAR Vs. KASI MAYAN THEVAR

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the order dated 03.09.2010 passed in I.A.No.452 of 2009 in O.S.No.26 of 2003 by the learned District Munsif cum Judicial Magistrate No.I, Usilampatti.

(2.) HEARD both sides.

(3.) THE learned Counsel for the revision petitioner would echo the cri de coeur of his client to the effect that his client/the first defendant filed an application in I.A.No.452 of 2009 under Section 5 of the Limitation Act, seeking to get the delay of 325 days condoned in filing the application under Order 9 Rule 13 of the Code of Civil Procedure and the said application was dismissed, as against which this Civil Revision Petition has been focussed on the grounds found set out in the affidavit accompanying the petition that the petitioner was suffering from jaundice which was not believed by the Court for want of clinching evidence and the suit itself was for injunction and if the petitioner is deprived of his opportunity to contest the matter, perpetually his rights would be in doldrums.