LAWS(MAD)-2008-2-284

M SUDHAKAR Vs. SARALA KRISHNAN

Decided On February 26, 2008
M. SUDHAKAR Appellant
V/S
SARALA KRISHNAN Respondents

JUDGEMENT

(1.) THE Civil Revision Petition has been preferred by the Revision Petitioner / Respondent / Defendant as against the Order passed by the learned VI Assistant Judge, City Civil Court, Chennai in I.A.No.21198 of 2002 in O.S.No.6494/1997 on 18.09.2003.

(2.) THE Respondents / Petitioners / Plaintiffs have filed I.A.No.21198 of 2002 under Section 5 of the Limitation Act, 1963, praying for condonation of delay of 1375 days in filing an application to set aside the Order of dismissal of Suit O.S.No.6494 of 1997 dated 15.10.1998.

(3.) ACCORDING to the learned counsel for the Revision Petitioner / Respondent / Defendant, the Trial Court erred in not taking into account of the fact that the Respondents / Petitioners / Plaintiffs have not assigned satisfactory reasons to condone the long delay of 1375 days and that the Court below has not discussed or considered whether any sufficient cause has been made out to condone the delay when the Suit is of the year 1981 and that the reasoning assigned in allowing the application to condone the long delay are unsustainable in law and therefore prays for allowing the Revision Petition.