MAHESWARI Vs. RAMANATHAN

JUDGEMENT

(1.) THIS Revision Petition has been filed against the order dated 23.10.2002, passed in I.A.No.63/2000 in O.S.No.40/2000, on the file of the Sub Judge, Gudiyatham, Vellore District.

(2.) THE 2nd defendant in the suit is the revision petitioner before this court.

(3.) IT is true that there are some contradictions in the averments made in the affidavit and also in the deposition made before the trial court. At the same time, the question of condonation of delay under Sec.5 of the Limitation Act should be liberally considered. In all cases of applications filed under Sec.5 of the Limitation Act, there will be some lapses on the part of the petitioner and that does not mean that the lis between the parties should not be finally decided on merits. Considering the fact that the suit is for specific performance, to meet the ends of justice, the delay could be condoned by imposing cost on the 2nd defendant for the default committed by her.