PALANIAMMAL Vs. KUMARRAKKAL

JUDGEMENT

(1.) The revision petitioner who is the second defendant in O.S. No.778 of 1989, filed this revision petition against the order dated 14.3.2006 made in I.A.No.316 of 2005.

(2.) Heard the learned counsel appearing on either side and perused the materials available on records.

(3.) The respondent filed a suit in O.S.No.778 of 1989 against the revision petitioner and another (i.e.) first defendant, namely, Gunasekaran and seeking the relief of declaration and permanent injunction. The above said suit was decreed on 29.3.1990. The respondent herein filed Execution Petition in E.P.No.74 of 2002 on 30.1.2001, for executing the above said decree. During the pendency of the Execution Petition, the revision petitioner, who is the second defendant in the above said suit, filed I.A.No.316 of 2005, under Section 5 of Limitation Act, to condone the delay of 4413 days in filing petition under Order 9 Rule 13 CPC.