LAKSHMANAN Vs. SARASWATHI AMMAL

JUDGEMENT

(1.) The instant civil revision petition has been filed challenging the order dated 28.02.2014 passed by the learned Principal Subordinate , Cuddalore in I.A.No.30 of 2012 in unnumbered AS of 2012. Brief facts leading to the filing of the instant revision under Section 115 of the Code of Civil Procedure:

(2.) The petitioner is the appellant in the unnumbered AS .. of 2012 on the file of the learned Principal Subordinate Judge, Cuddalore. The petitioner filed the suit O.S.No.241 of 2003 on the file of the learned District Munsif Court, Cuddalore for declaration and injunction in respect of the suit schedule property against the respondent. The respondent filed an application viz., I.A.No.1579 of 2003 under Order 7 Rule 11 CPC to reject the plaint filed in O.S.No.241 of 2003. The said application viz., I.A.No.1579 of 2003 came to be allowed on 09.10.2009. Aggrieved by the same, the petitioner who is the plaintiff in the suit preferred an appeal in CMA No.18 of 2009, before the learned Third Additional Subordinate Judge, Cuddalore.

(3.) Pending civil miscellaneous appeal, I.A.No.6 of 2011 in CMA.No.18 of 2009 has been filed by the petitioner who is the plaintiff in the suit seeking permission of the court below to convert the civil miscellaneous appeal into a regular appeal. The learned Third Additional Subordinate Judge, Cuddalore dismissed CMA.No.18 of 2009 and I.A.No.6 of 2011 by a common order dated 31.01.2012 on the ground that the civil miscellaneous appeal was not maintainable. Immediately after the passing of the common order dated 31.01.2012 in CMA.No.18 of 2009 and I.A.No.6 of 2011, the petitioner preferred an appeal along with a condone delay application viz., I.A.No.30 of 2012 to condone the delay of 814 days in preferring the appeal before the Principal Subcourt, Cuddalore as against the judgment and decree dated 09.10.2009 passed in I.A.No.1579 of 2003 in O.S.No.241 of 2003 filed by the respondent under Order 7 Rule 11 CPC.