LAWS(APH)-1998-11-16

GOVARDHAN P Vs. P ANANDAM

Decided On November 05, 1998
PATHIPAKA GOVARDHAN Appellant
V/S
PATHIPAKA ANANDAM Respondents

JUDGEMENT

(1.) This revision is preferred against the order passed by the District Munsif, Sircilla in I.A.No. 370/1997 in O.S.No. 177/1995, 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. 1 had filed the suit for partition against the petitioners as also against the respondent Nos. 2 to 4 in O.S.No. 177/1995. The petitioners 5,6, and 7 are minors. The trial Court in I.A.No. 161/1995 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 parte preliminary decree has been passed on 13-2-1997.

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