SABEERA BEGAM Vs. V. SARATHAMBAL

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dtd. 5/9/2019 passed in the unnumbered Interlocutory Application in I.A. of 2019 in O.S.No.64 of 2011 on the file of the Sub Court, Dharapuram.

(2.) The revision petitioners are the legal heirs of the deceased plaintiff, who instituted a Suit for Specific Performance. The Suit was dismissed for default on 19/7/2017 due to the non-appearance of the plaintiff. During the year 2018, the plaintiff filed Interlocutory Applications in I.A.Nos.28 and 29 of 2018 to restore the Suit and by condoning the delay in filing the application to restore the Suit. The condone delay petition was allowed by the Trial Court on a condition to pay costs. The condition imposed by the Trial Court in the Interlocutory Applications in I.A.Nos.28 and 29 of 2018 was not complied with by the plaintiff and consequently, the Interlocutory Applications in I.A.No.28 and 29 of 2018 stood dismissed. Again, the plaintiff filed an Interlocutory Application, which is unnumbered, for the purpose of extending the time to comply with the condition imposed in the Interlocutory Applications in I.A.Nos.28 and 29 of 2018. The said Interlocutory Application was rejected by the Trial Court on the ground that under Sec. 148 of Civil Procedure Code, the petition filed beyond 30 days after the order of dismissal on 27/3/2019 is not maintainable.

(3.) Challenging the said docket order dtd. 5/9/2019, the revision petitioners have chosen to file the present Civil Revision Petition under Article 227 of the Constitution of India, after a lapse of about 3 years from the date of passing of the docket order.