Limitation Act is not applicable to petition filed for setting aside orders passed ex parte under Order 21, Rule 106 Order 21, Rule 105(4) Madras Amendment is no longer in force.

Citation 

2003 (4) CTC 225 (Mad)

(2003) 3 MLJ 590

IN THE HIGH COURT OF MADRAS

S. Sardar Zackria Hussain, J.

Civil Revision Petition (N.P.D.) Nos. 393 and 394 of 2003 and C.M.P. No. 4073 of 2003

September 03, 2003 

M.Ponnupandian......Petitioner

...Vs...

Selvabakkiyam and Others......Respondent

Code of Civil Procedure, 1908, Order 21, Rules 105 & 106 Limitation Act, 1963, Section 5-Decree holder filed Execution Petition and judgment debtor appeared and sought time for kling counter but failed to file counter on adjourned date resulting in ex parte order being passed in Execution Petition Judgment debtor filed application to set aside ex parte order and also filed application to condone delay in filing such application Section 5, Limitation Act is not applicable to petition filed for setting aside orders passed ex parte under Order 21, Rule 106 Order 21, Rule 105(4) Madras Amendment is no longer in force-Order of executing Court dismissing petition to condone delay confirmed in revision as there is no provision to condone such delay. [Paras 11 & 14]