CITY TOWER BENEFIT FUND LIMITED Vs. C. VINAYAGAM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the Sub Judge, Arani, Tiruvannamalai District passed in I.A. No. 152 of 2008 in O.S. No. 252 of 2000. The petitioner is the plaintiff in the suit in O.S. No. 252 of 2000. The suit was filed for recovery of Rs. 97,114/-, on the basis of registered mortgage deed dated 06.01.1995. After contest, the suit was decreed and a preliminary decree was passed on 18.01.2005 directing the respondent to pay a sum of Rs. 2,39,515.62 on or before 18.03.2005 and also directing the respondent to pay the interest for the principal amount of Rs. 1,15,114/- @ 6% per annum failing which the plaintiff was permitted to file an application for final decree to bring the mortgage property for sale.

(2.) Indisputably, the respondent did not pay the amount to the plaintiff, as directed in the preliminary decree. Therefore, the plaintiff took out an application in I.A. No. 142 of 2008 for passing final decree. The respondent filed his counter stating that the application is barred by limitation as per Article 137 of the Limitation Act. Subsequently, the plaintiff filed a petition to condone the delay of 172 days in filing the application to pass a final decree.

(3.) The Trial court returned the application on 01.08.2012 questioning the maintainability of the petition. Again on 03.09.2012, the petition was returned on the same ground. The application was represented on 06.09.2012 stating that the application is maintainable in view of the judgment of the Hon'ble Supreme Court in State Bank of India v. Vendanathangal Dairy Farm and Others, 2000 10 SCC 538. The trial court, dismissed I.A. No. 142 of 2008 holding that the application is barred under Article 137 of the Limitation Act. Challenging the order, the present revision is filed.