KANAKAMMAL(DIED) Vs. S VENGAPPAN

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the orders passed by the learned District Munsif, Chengalpattu in I.A. No.1351 of 1999 in O.S. No.128 of 1996, which is an application filed under Section 5 of the Limitation Act by the revision petitioner herein to condone the delay of 255 days in filing the restoration application.

(2.) The plaintiff/revision petitioner had filed a suit O.S.No.128 of 1996 on the file of the District Munsif Court, Chengalpattu, against the respondents herein for an injunction restraining respondents 1 to 4 from alienating the A and B Schedule properties and for a preliminary decree declaring that the plaintiff is entitled to an 1/5th share in the A & B Schedule properties and to direct them to be put in possession of the same and to pass a final decree allotting the 1/5th share by metes and bounds to the plaintiff.

(3.) The 1st defendant had filed a detailed written statement which was adopted by the other defendants. The suit was dismissed for the non appearance of the plaintiff on 14.10.1998. The plaintiff has filed the impugned petition for condoning the delay of 255 days in filing the restoration application. In the affidavit filed in support of the said petition the revision petitioner would submit that pending the suit the 3rd defendant had expired and the petition to implead his legal heirs along with the condone delay petitions were filed and the same was pending in I.A. No.399 of 1996 and 400 of 1996.