KALIMUTHU AND ORS Vs. MUNIAKKANNAN S/O NATESAN AND ORS
LAWS(MAD)-2013-11-365
HIGH COURT OF MADRAS
Decided on November 08,2013

Kalimuthu And Ors Appellant
VERSUS
Muniakkannan S/O Natesan And Ors Respondents

JUDGEMENT

- (1.) This Civil Revision Petition is filed against the order of dismissal, dated 16.09.2013, passed in I.A.No.330 of 2012 in O.S.No.38 of 2005 by the learned District Munsif, Thiruthuraipoondi, which was filed seeking to condone the delay of seven days in filing an application to set aside the ex parte decree.
(2.) The learned counsel for the revision petitioners would mainly contend that the delay of seven days has to be very liberally construed as per the Limitation Act and as per the judicial pronouncement of the Supreme Court reported in 2001 (3) CTC 763, Vedabai @ Vaijayanatabai Baburao Patil. He would further submit that the delay of seven days ought to have been condoned, especially, when the suit was filed by the respondent/plaintiff in O.S.No. 38 of 2005 on the file of the District Munsif Court, Thiruthuraipoondi, for declaration and for recovery of possession, where the valuable right of the petitioners, who are defendants 2 to 5, are involved and by dismissing the application seeking to condone the delay, their valuable rights are affected and hence, he would contend that the order passed by the lower Court is wrong.
(3.) This Civil Revision Petition has come up today for admission. I have heard the learned counsel for the revision petitioners. By consent, this revision is taken up for final disposal at the stage of admission itself. I have also perused the records carefully.;


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