THAVAMANI Vs. MAYILAMMAL

JUDGEMENT

(1.) This revision arises out of the dismissal of I.A.No.146 of 2015 in O.S.No.260 of 2013 ordered by the Principal District Judge, Theni. Dispute arose between sisters who are plaintiff and defendant in connection with a loan transaction based on some documents Plaintiff sister instituted the suit in O.S.No.47 of 2005 in the Sub-Court, Periyakulam, Theni District..The defendant- sister filed written statement raising several contentions, inter-alia that the loan document is forged and the signature therein has been manufactured,concocted and made for the occasion. However, the Plaintiff- sister has a easy walk over. She got an exparte decree.

(2.) As against that, the defendant filed I.A.No.391 of 2012 under Section 5 of the Limitation Act to condone the delay in filing the Petition to set aside the exparte decree. The trial Court dismissed it. Execution proceedings were also already started by the decree-holder. Aggrieved, the defendant challenged the order passed in I.A.No.391 of 2012 in this Court in C.R.P.No.1988 of 2013. It was dismissed.

(3.) Now the defendant preferred First Appeal before the Principal District Judge, Theni along with I.A.No.24 of 2014 to condone the delay of 2027 days. There was a hot contest. The trial court among other reasons also considering the principle of resjudicata, as the matter has already been concluded in I.A.No.319 of 2012 which was also confirmed by this Court in C.R.P.No.1988 of 2013, dismissed I.A.No.24of 2014. That is how this revision before us by the defendant.