This is a civil revision petition filed by the defendant under section 115 of the C.P. Code against the order dated 12.04.2010 passed by Civil Judge (JD), Imphal East in Judicial Misc. Case No.2 of 2010.

2. By impugned order, the trial court rejected the application filed by the defendant under Section 5 of the Limitation Act seeking for condonation of delay of around one year and forty six days in filing the application filed under Order 9 Rule 13 of the C.R Code for setting aside of the ex-parte decree dated 12.04.2010 passed by Civil Judge (JD), Imphal East in Judicial Misc. Case No.2 of 2010 against the defendant.

3. So the short question which arises for consideration in this revision petition is whether trial court was justified in dismissing the application filed by the defendant under section 5 of the Limitation Act and thereby was justified in dismissing the application filed by the defendant under Order 9 Rule 13 of the Code as barred by limitation?

4. At the outset, I consider it apposite to state that this revision filed by the defendant under Section 115 of the Code is not maintainable because of the availability of remedy of appeal to petitioner to chall