MOHAN Vs. KIRUBA THEATRE AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order made in I.A.No.19 of 2012 in O.S.No.99 of 1996, dated 18.04.2013, wherein and whereby the trial Court allowed the application filed under Section 5 of the Limitation Act, to condone the delay of 3434 days in restoring the suit, which was dismissed for default on 19.02.2002.

(2.) The petitioner is the first defendant in the said suit, which was filed for declaration and for permanent injunction. On 19.02.2002, the trial Court dismissed the suit for non-prosecution. However, after a period of nearly ten years,the plaintiffs filed application under Section 5 of the Limitation Act for condoning the delay of 3434 days in filing the restoration application. The trial Court allowed the application only on the reason that the defendants did not file counter to the said application, though sufficient time was granted.

(3.) No doubt, the trial Court imposed a cost of Rs.2,500/- to be paid by the plaintiffs to the defendants. Challenging the said order, the present Civil Revision Petition is filed.