This civil revision petition is directed against the order passed in E.A.No.5 of 1986 in O.S.No.32 of 1961 on the file of the Assistant Judge, City Civil Court, Madras.

2. Short facts are: The revision petitioner had obtained a money decree against the respondent. He filed an execution petition to realise the decree debt. That was returned. After return the execution petition was represented altera delay of three years and seven months with a petition in E.A.No.5 of 1986 for condoning the delay, that was resisted by the respondent. After enquiry, the court below has dismissed the petition praying for condoning the delay. Aggrieved by that order, the petitioner in the court below has come forward with this revision petition.

3. Mr.S.Parthasarathy learned counsel appearing for the petitioner, would submit that the execution petition was filed in time and so there was no fault on the part of the revision petitioner,that the delay was only in numbering the same and that if the delay is not condoned, he cannot execute the decree at all inasmuch as 12 years period has expired. He further submitted that in the circumstances of the case for and the reason given in the affidavit