SELVARAJ ALIAS RAJU Vs. GOVINDARAJULU PADAYACHI

JUDGEMENT

(1.) THIS civil revision petition is directed against the Order in I.A.No.816 of 1986 in O.S.No.319 of 1974 on the file of Subordinate Judge, Cuddalore.

(2.) SHORT facts are: The second respondent has unufractuarily mortgaged the suit property to the first respondent. Later, she sold the suit property to the revision petitioner subject to the usufructuary mortgage. The revision petitioner filed the suit for redemption. Preliminary decree was passed on 18.9.1978 giving one month time for payment of the amount. One month time would come to end by 18.10.1978. The revision petitioner did not deposit the amount within the one month time. He filed I.A.No.816 of 1986 for passing final decree on 8.4.1986 and during the pendency of the same, he deposited the amount fixed under the preliminary decree in court on 19.9.1986. The petition filed by the revision petitioner was resisted by the first respondent on many grounds inter alia contending that the petition is barred by time. After enquiry, learned subordinate Judge had held that the petition is barred by time inasmuch as it was not filed within three years from the date of expiry of one month time, namely from 18.10.1978and that Art.137 of the new Limitation Act is applicable to this case and taking that view of the matter has dismissed that petition. Aggrieved by this Order of dismissal, the petitioner in the court below has come forward with this civil revision petition.

(3.) IN view of the above, the civil revision petition is allowed setting aside the order of the court below in I. A.No.816 of 1986 and consequently, the I.A.No.816 of 1986 in O.S.No.319 of 1974 shall stand allowed. No costs.