This revision petition has been directed against the order passed in I.A.No.580 of 2006 in O.S.No.458 of 2001 on the file of the Court of First Additional Subordinate Judge, Coimbatore. The said application was filed under Section 5 of the Limitation Act to condone the delay of 831 days in filing the petition under Order 9 Rue 13 CPC. The learned trial Judge, had dismissed the said application on the ground that there was no acceptable reasoning given in the affidavit to condone the delay. A perusal of the affidavit to the application will go to show that only due to the laches on the part of the petitioner's counsel, the delay had occurred. Under such circumstances, I am of the view that an opportunity must be given to the revision A.C.ARUMUGAPERUMAL ADITYAN,J sg petitioner to defend his case. The learned counsel for the revision petitioner would further state that the balance of sale consideration was also deposited after a long delay and that the defendant had already filed his written statement.
3. In fine, this civil revision petition is allowed on condition the petitioner pays a cost of Rs.3000/- (Rupees Three thousand) only to the other side on or before 9.4.2009 failing which this revision shall deem to have been dismissed. On compliance of this order, the learned trial Judge shall proceed with O.S.No.458 of 2001 and dispose of the same after giving opportunity to both parties, within a period of three months thereafter in accordance with law. Consequently, connected M.P.No.1 of 2008 is closed.
26.3.2009 Index:Yes Internet:yes sg Note: Issue order copy to day(26.3.2009) To the First Additional Subordinate Judge, Coimbatore..
C.R.P(NPD)No.304/2008 26.3.2009