NEELAKANTA PILLAI Vs. CHELLAPPAN PILLAI

JUDGEMENT

(1.) This revision petition is filed by the petitioners challenging the order of the II Additional District Munsif, Kuzhithurai In I.A.No.569 of 1996 in O.S.No.202 of 1980 dated 25.11.1996.

(2.) The revision petitioners are the representatives of the mortgagor, namely, Roopa Narayana Pillaiyar Devaswam. Udayamarthandam, Kuzhithurai. The petitioners filed the application under Section 5 of the Limitation Act and Section 151 of the Civil Procedure Code to excuse the delay in depositing the mortgage amount so as to redeem the same in pursuance of the preliminary decree granted by the Subordinate Judge, Kuzhithurai in A.S.No.22 of 1982 dated 25.10.1982 directing the mortgagor to pay a sum of Rs.2,000/- towards discharge of the suit mortgage deed dated 7.2.1955 on or before 25.1.1993.

(3.) It is alleged in the affidavit filed in support of the said application that on account of the Second Appeal preferred before this Court in S.A.No.720 of 1988, inasmuch as the same was dismissed on 24.6.1988 and thereafter on account of the death of the Trustee of the Devaswam Trust, the result of the said Second Appeal was known only on 1 5.11.1995, copies were applied for on 16.11.1995 and immediately after receipt of the copies, the application was laid after depositing a sum of Rs.2,000/- into Court on 31.1.1996. Hence, they have prayed for the condonation of delay in depositing the said amount. After hearing both sides on the basis of the pleadings, the trial court dismissed the petition. Hence, the revision.