A. BALA CHANDRA Vs. A. B. BHARGAVI

JUDGEMENT

(1.) The second defendant before the learned trial Court filed this civil revision petition under Sec. 115 of C.P.C. impugning the order dtd. 15/11/2018 passed by the learned Senior Civil Judge, Gudur, SPSR Nellore District in I.A.No.463 of 2013 in O.S.No.5 of 2009.

(2.) The 1st respondent in this petition is plaintiff and the 2nd respondent in this petition is 1st defendant in the suit.

(3.) O.S.No.5 of 2009 was a suit for partition and separate possession and there was one plaintiff and two defendants. The 1st defendant is mother of the 2nd defendant. A preliminary decree was passed on 11/4/2012 granting 4/9th share to the 1st respondent/plaintiff therein. While final decree proceedings were initiated, the 2nd defendant had filed I.A.No.463 of 2013 under Sec. 5 of the Limitation Act, 1963 (for short, 'the Act') seeking to condone the delay of 339 days in filing a petition under Order IX Rule 13 of C.P.C. to set aside the preliminary decree, which was passed ex-parte. After due contest, the learned trial Court dismissed the said petition and that resulted in this revision moved by the 2nd defendant in the suit.