MANSOOR Vs. BAGAVATHI AMMAL

JUDGEMENT

(1.) C.R.P(PD)No.2890 of 2003 is filed challenging the order dated 9.4.1999 made in I.A.No.134 of 1998 in O.S.No.674 of 1992 on the file of the II Additional District Munsif Court, Tirunelveli.

(2.) C.R.P.(NPD)No.232 of 2006 is filed by the very same petitioner challenging the order passed in C.M.A.No.10 of 2004 dated 5.8.2005 on the file of the II Additional Sub Court, Tirunelveli, confirming the order dated 30.1.2004 made in I.A.No.14 of 2008 in O.S.No.674 of 1992 on the file of the II Additional District Munsif Court, Tirunelveli.

(3.) THE learned counsel for the petitioners submit that the lower Court committed error in numbering the condone delay petition, without filing the application seeking to set aside the abatement and if the condone delay application was returned for the said reason, petitioners could have very well filed the application to set aside the abatement and therefore Court below committed an error in numbering the condone delay petition without the application seeking to set aside the abatement.