PACHAMUTHU Vs. K. THANGAMUTHU

JUDGEMENT

(1.) Heard Mr.P.Valliappan, learned counsel for the petitioner and Mr.N.Manokaran, learned counsel for the respondent. The impugned order of the trial court and other documents produced in the form of typed set of papers are also perused.

(2.) This is a revision filed under Section 115 of the Code of Civil Procedure against an order dismissing an application filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay in filing an application under Order IX Rule 13 of the Code of Civil Procedure, to set aside the ex-parte decree dated 29.01.2010 made in O.S. No.36/2009 on the file of Sub Court, Sankari.

(3.) A preliminary objection was raised as to the maintainability of the revision under Section 115 of the Code of Civil Procedure relying on the proviso to sub section (1), which reads as follows: