THANIKKACHALAM
Gnanadurai – Appellant
Versus
Suseelammal – Respondent
This petition was filed to condone the delay of 684 days in filing the revision. The auction purchaser - Decree holder is the petitioner herein. The respondent is the Judgment-Debtor. The Judgment-debtor filed an application under Section 47 of Civil Procedure Code questioning the execution, discharge or satisfaction of the decree obtained by the decree-holder. The above said application was allowed. Thereafter the auction purchaser, who is the petitioner herein filed an appeal C.M.A. No. 14 of 1988 against the order passed in Application filed under Section 47 of the Civil Procedure Code. The said application was ultimately dismissed by the appellate Court stating that only a revision will lie against the order passed in application filed under Section 47 of Civil Procedure Code and directed the auction-purchaser to approach the proper Court for filing the revision. It is thereafter the present revision was filed.
2. The learned counsel for the petitioner submitted that since the appeal was prosecuted bona fide by the appellant, the time during which the appeal was pending should be excluded and condoned. On the other hand, the learned counsel for the respondent submitt
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