Plaintiff filed Application for final decree with application to condone delay of 2298 - delay condoned and final decree passed

Citation

2006 (5) CTC 399 (Mad)

IN THE HIGH COURT OF MADRAS (Madural Bench)

K. Venkataraman, J.

C.R.P. (PD) (MD) No. 292 of 2005. September 26, 2006

Mahaswaran and Others.

Mariammal and Others

Petitioner

Limitation Act, 1963 (36 of 1963), Artides 61 & 137- Applicability of, to final decree proceedings in Suit relating to redemption of mortgage-Transfer of Property Act, Section 60 Redemption of Mortgage Plaintiff after obtaining preliminary decree in Suit for redemption of mortgage failed to file Application for final decree without delay as defendant hed od Application for setting aside preliminary decree and it was pending for long time and plaintiff's son who was co-plaintiff died in accident and she was not in proper frame of mind-Plaintall filed Application for final decree with Application to condone delay of 2298 delay and put forth above reasons Delay was condoned - Defendant's contention that delay could not have been condoned as final decree proceedings was governed by Article 137 and ought to have been filed within three year 137 did not apply to such proceedings-Judgment in Adsaldas Durgaji Oswal v. Ranvilas Gangabisan Hoda, 2003 (1) LW 797, followed. (Para of action reject tide

...Respondent

Limitation Act, 1963 (36 of 1963), Section 5- Condonation of delay Plaintiff after obtaining preliminary decree in Suit for redemption of mortgage failed to file Application for final decree without delay as defendant had filed Application for setting aside preliminary decree and it was pending for long time and plaintiff's son who was co-plaintiff died in accident and she was not in proper frame of mind Plaintiff filed Application for final decree with application to condone delay of 2298 delay and put forth above reasons Delay was condoond Defendant's contention that delay could not have been condoned as final decree proceedings was governed by Article 137 and ought to have been filed within three years from cause of action rejected as Artide 137 did not apply to such proceedings-Directions to hear and dispose of final decree Application within specified period issued. [Para 9