LAWS(MAD)-2006-9-344

MAHAESWARAN Vs. MARIAMMAL

Decided On September 26, 2006
MAHAESWARAN Appellant
V/S
MARIAMMAL Respondents

JUDGEMENT

(1.) 1. This Civil Revision Petition is directed against the order of the learned District Munsif, Thanjavur dated 21.3.2003 made in I.A. No. 634 of 2002 in O.S. No. 971 of 1986.

(2.) THE first respondent herein, who is the first plaintiff in the Suit, has filed I.A. No. 634 of 2002 before the District Munsif, Thanjavur to condone the delay of 2298 days in filing the final decree Petition. THE said Application has been allowed by the Trial Judge on 21.3.2003. THE same is under challenge in this Revision.

(3.) THE learned counsel for the petitioners vehemently contended that the period of limitation for preferring final decree proceedings is within three years as per Article 137 of the Limitation Act, 1963 and hence the delay of 2283 days should not have been condoned. I am unable to accept the contention of the learned counsel for the petitioners for more than one reason.