R. Banumathi, J.

This appeal is directed against the order of the learned Single Judge in A.No.2322/2006 in Tr.C.S.No.578/2002 declining to condone the delay of 714 days in filing the application under Or.9 R.13 CPC and dismissing the Petition filed under Section 5 of the Limitation Act.

2. Brief facts are as follows :-

The appellants/Defendants entered into a joint venture Agreement in March 1998 with the respondent/ plaintiff for developing her property situated at Aminjakarai. Dispute arose between the parties and hence the terms of Agreement could not be carried out and dispute led to filing of suits by both parties. Appellants/Defendants filed C.S.No.113/2001 on the file of High Court for recovery of a sum of Rs.15,00,000/- by way of damages from the respondent/plaintiff. Respondent/plaintiff has filed O.S.No. 86/2002 [instituted as informa pauperis] for declaration that the Agreement dated 06.04.1998 stood cancelled because of the non performance of the part of the Agreement by the first Defendant and for a declaration that the Sale Deed dated 31.03.1999 executed in favour of the third Defendant is null and void and for Permanent Injunction. The suit was transferred