MANI Vs. P M NATARAJAN

JUDGEMENT

(1.)

(2.) THE impugned order was passed in an application filed under Section 5 of the Limitation Act to condone the delay of 318 days in filing a petition under Order 9 Rule 13 of CPC. THE learned trial Judge after taking into consideration the averments in the affidavit to the application and also the counter statement, finding no reason to condone the delay of 319 days, has dismissed the application, which necessitated the petitioner to approach this Court by way of this revision.

(3.) PER contra, the learned counsel for the respondent would state that in pursuance of the decree passed in O.S.No,477 of 2001 he had filed EP.No,200 of 2003 before the Execution Court and has executed the decree. Under such circumstances, I do not find any reason to interfere with the findings of the learned trial Judge in I.A.No.1349 of 2003 in O.S.No,477 of 2001.