PADASAIB Vs. SARASWATHI

JUDGEMENT

(1.) This revision has been filed challenging the order passed in E.A.No.37 of 2022 dtd. 4/2/2025 in E.P.No.44 of 2002, in and whereby the delay of 573 days in filing the application to restore E.P.No.44 of 2002, has been allowed on payment of costs of Rs.3,000.00 to the respondents, that is the revision petitioners.

(2.) I have heard Mr.T.K.Saravanan, learned counsel for the revision petitioners and Mr.T.M.Naveen, learned counsel for the respondents.

(3.) It is the contention of the learned counsel for the revision petitioners that the executing Court did not have the power to exercise, in the first place, Sec. 5 of the Limitation Act, as admittedly the order was passed beyond the period of 30 days, which alone can be condoned under relevant provisions of Order XXI of CPC. He would also rely on the decision of this Court in R.Rasappan Vs. D.Rajalakshmi, reported in 2025 SCC Online Mad 4068, where this Court has held that the executing Court cannot entertain an application under Sec. 5 of the Limitation Act if it filed beyond the period of 30 days from the date of the order.