P. RAMACHANDRA RAJU, J.

( 1 ) THE revision petitioner is the decree holder in OS No. 125/74. The short question involved is whether an application under Section 5 of the limitation Act to restore EA No. 1140/76 dismissed for default on 1-2-1978 is maintainable. The District Munsif by the impugned order dt. 17-12-1979 held that such an application is maintainable and hence this revision. The revision petitioner obtained a decree in OS No. 125/74 on the file of the District Munsif s Court, Nur vid. She was executing the decree against Respondents 1 and 2 in EP No, 25/71 on the file of District Munsif s court, Vijayawada. She brought the property of the 2nd judgment debtor to sale on 28-2-1972. At such sals, the 3rd respondent became the auction purchaser. The second judgment-debtor filed EA No. 1140/76 to set aside the sale. That application stood posted for hearing on 1-2-1978 on which date he could not attend court. EA No. 1140/76 was dismissed on 1-2-1978 for default. The 2nd judgment-debtor applied for setting aside the default order and as there was delay in making that application, he filed EA No. 1124/78 under Section 5 of the Limitation Act for condoning the delay that had oc

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