GNANASUNDARI Vs. EKAMBARAM

JUDGEMENT

(1.) THE petitioner filed the suit in forma peuperis before the Sub Court, Thiruvallur. THE said suit was taken on file in O.S.No.59 of 1987. This is a suit for partition. THE learned Sub Judge, Tiruvallur dismissed the suit on 14.07.1992. She preferred an appeal before the learned Principal District Judge, Chengalpattu alongwith an application under Section 5 of the Limitation Act to condone the delay of twenty two (22) days in filing the appeal in I.A.No.15 of 1993. THE said petition was dismissed for default on 19.02.1993 for non-payment of batta.

(2.) THEREAFTER, she filed an application in I.A.No.217 of 1997 under Section 5 of the Limitation Act to restore I.A.No.15 of 1993 to condone the delay of 1464 days in filing the petition for restoration of I.A.No.15 of 1993.

(3.) THE learned Principal District Judge, Chengalpattu dismissed the application by observing that scanning of affidavit and oral evidence of P.W.1 does not make out either sufficient reason to condone the delay or any prima facie case that the petitioner was prevented from filing the appeal and that for want of sufficient reason in not preferring the petition within the time to restore the petitions which were dismissed for default, the delay cannot be condoned.