RAMAYEE Vs. PALANIAMMAL

JUDGEMENT

(1.) THE revision petitioners are the defendants in O.S.No.338 of 1995 on the file of the First Additional District Munsif Court, Bhavani. THE respondent herein is the plaintiff in the suit.

(2.) THE respondent/plaintiff has filed I.A.No.231 of 2003 before the Trial Court under Section 5 of the Limitation Act, praying to condone the delay of 971 days in filing the application to set aside the dismissal order of suit dated 08.12.1998 for default. THE Trial Court has allowed the I.A.No.231 of 2003 in O.S.No.338 of 1995 on 15.09.2003 assigning the reason that no counter was filed and that respondents were called in Court and they remained absent.

(3.) IN any event, no prejudice has been caused to the revision petitioners in allowing the application under Section 5 of the Limitation Act for condonation of delay, since the Courts are there not to harp on technicalities and to deliver substantial justice to the parties in dispute, more so when the main suit is only for partition of family properties. As a matter of fact, processual law is always subservient to and is in aid of justice.