YELLAMMA Vs. KAVALI PARAVATHAMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed assailing the orders, dtd. 12/10/2017, in I.A.No.1673 of 2014 in O.S.No.373 of 2007, on the file of learned I Additional District Judge, Ranga Reddy District at L.B. Nagar.

(2.) I.A.No.1673 of 2014 is filed under Sec. 5 of Limitation Act, 1963, to condone the delay of 2632 days in filing an application under Order IX Rule 13 of Civil Procedure Code, 1908 (for short, 'PC'). The main averments of the affidavit filed in support of the application are that the petitioner/defendant No.1 has come to know about filing of the suit only on 27/3/2013 when a notice in I.A.No.348 of 2013 under Order XX Rule 18 CPC was served on her. She could not met her previous counsel either to file the counter or to take necessary steps and that because of her illiteracy, as suit summons were not served, she could not appear before the Court.

(3.) This application is resisted by the respondents/plaintiffs, who filed a detailed counter before the trial Court stating that false allegations are made about the ground of illiteracy, ill-health, the petitioner has failed to explain the delay. All the allegations are only scripted for the purpose of this application. In fact, the petitioner/defendant No.1 is aware of the suit proceedings and the proceedings in I.A.No.1983 of 2012, I.A.No.1984 of 2012 and I.A.No.3235 of 2007 and that there are no merits in the application. Accordingly, prayed for dismissal of the application.