PATHIPAKA GOVARDHAN Vs. PATHIPAKA ANANDAM

JUDGEMENT

(1.) This revision is preferred against the order passed by the District Munsif, Sircilla in IA No.370 of 1997 in OS No.177 of 1995, whereby the application under Section 5 of the Limitation Act for condonation of delay of 210 days in filing the application under Order 9 Rule 13 CPC has been dismissed.

(2.) The respondent No.l had filed the suit for partition against the petitioners as also against the respondent Nos.2 to 4 in OS No.177 of 1995. The petitioners 5, 6 and 7 are minors. The trial Court in IA No. 161 of 1995 had appointed the 4th petitioner as guardian ad litem of the petitioners 5, 6 and 7 who are defendant Nos.5, 6 and 7 in that suit. Ex parts preliminary decree has been passed on 13-2-1997.

(3.) The petitioners had filed IA No.370 of 1997 for condonation of delay of 210 days in filing the application for setting aside the ex parte decree.