POONKODI Vs. SUBRAMANIA CHETTIAR

JUDGEMENT

(1.) CIVIL Revision Petition filed under Section 115 of the Code of CIVIL Procedure, against the fair and decreetal order of the learned Subordinate Judge, Kulithalai, dated 15.06.2007 in I.A.No.184 of 2006 in O.S.No,72 of 2001.) The civil revision petitioner/defendant has filed this revision petition as against the order dated 15.06.2007 in I.A.No.184 of 2006 in O.S.No,72 of 2001 passed by the learned Subordinate Judge, Kulithalai, in dismissing the application filed by the revision petitioner under Section 5 of the Limitation Act, praying for condonation of delay of 1199 days in filing the petition to set aside the ex-parte decree.

(2.) THE trial Court while dismissing the I.A.No.184 of 2006 has opined that the reasons ascribed by the revision petitioner in her affidavit cannot be accepted and resultantly, dismissed the application without costs.

(3.) IN regard to the condonation of delay application filed under Section 5 of the Limitation Act, this Court is of the view that a pedantie approach should not be made by the Court of law and the words 'sufficient cause' will have to be given a liberal view and in that perspective, as a matter of prudence, the delay of 1197 days will have necessarily to be condoned. IN this connection, it is relevant to point out that by and large, a litigant will not stand to benefit by projecting an application late and refusing to condone the delay, may result in meritorious matter being thrown out at a threshold and cause of justice being defeated.