(1) IN a suit filed by the appellant the trial court on 18-4-1978 passed a preliminary decree in a foreclosure suit and granted 3 months time to the mortgagor to pay the amount decreed which was Rs 2,52,517.17 plus interest thereon. On the defendant having failed to make the payment within time right accrued to the appellant to apply for a final decree. Such an application could have been filed by 18-7-1981. There was, however, delay in this regard and an application under Order XXXIV Rule 2(l)(c)(ii) CPC was filed by the appellant on 30-1-1982. Along with this an application under Section 5 of the Limitation Act, 1963 was filed praying for condonation of delay in the filing of the said application.

(2) THE trial court by its short order dated 19-12-1984 rejected the application under Section 5 by observing that Section 5 of the Limitation Act, 1963 did not apply to such an application.

(3) THE appellant filed a civil revision before the High Court at Madras. This was filed on 22-3-1985 i.e. well within the period of 90 days. It appears that the Registry of the High Court returned this revision petition notifying certain defects in the filing of the same. Th