(Revision against the order dated 27.02.2004 made in I.A.No.435 of 2003 in I.A.No.180 of 2002 in O.S.No.16 of 1999 on the file of District Munsif Court, Chengam.)

M.Karpagavinayagam, J.

The question posed before this Bench, as referred to by Justice P.Sathasivam, the learned single Judge, is as follows:

"After dismissal of the earlier petition for non-compliance of the conditional order within the time stipulated, whether the Court has jurisdiction to entertain a petition for extension of time, filed under Section 148 read with Section 151 CPC?"

2. The short facts are as follows:

"(i) Murugan and others, respondents herein, are the plaintiffs. They filed a suit in O.S.No.16 of 1999, for partition and separate possession.

(ii) Gowri Ammal, petitioner herein, is the second defendant, and she purchased the suit property from one Dhanapal Gounder, first defendant, who is the father of respondents 1 to 3 and husband of fourth respondent, in the year 1989, through a registered sale deed.

(iii) On 20.09.1999, the suit was decreed ex parte as against the second defendant, petitioner herein. She came to know about the ex parte decree only when a notice was served on her in the final d