R PARASURAMAN Vs. JAYALAKSHMI AMMAL

JUDGEMENT

(1.) These revision petitions are directed against the orders passed in FA. No. 43 of 1986 in F.A. No. 49/84 in E.1'. No. 4 of 1983 in O.S. No. 512/ 1979 on the file, of Sub Court, Vellore and E.A. No. 46 of 1986 in E.A. No. 51 of 1984 in E. P. No. 5 of 1983 in O.S. No. 516 of 1979 on the file of Sub Court, Vellore, respectively.

(2.) The Short facts are the Revision petitioner has field E.A. No. 45 of 1986 under Section 5 of the Limitation Act praying to condone the delay of three days in filing the Petition to restore E.A. No. 49 of 1984 which was dismissed for default. That was opposed by the respondents on the ground that there is no provision to excuse the delay and Section 5 of the Limitation Act is not applicable to proceedings in execution. After enquiry, the learned Subordinate Judge upheld the objection and dismissed the application. Aggrieved by that order, CRP. No. 3216 of 1987 is filed.

(3.) The revision petitioner filed E.A. No. 46 of 1986 under Section 5 of the Limitation Act to condone the delay of three days in filing the petition to set aside the dismissal order passed in E. A. No. 51 of 1984. Dated 19-3-1986. That was resisted by the respondents on the ground that the petition is not maintainable, that this is the third petition for restoration and that it is an abuse of presence of Court. After enquiry, the learned Subordinate Judge had upheld the objection holding that the petition is not maintainable and has dismissed the application. Aggrieved by the same, CRP. No. 3217 of 1986 is filed.