The Civil Revision Petitioner is the son of the deceased second defendant in O.S.No.73 of 1996 on the file of the Sub Court, Kallakurichi. The first respondent is the plaintiff in the said suit. The Civil Revision Petitioner/Applicant has filed I.A.No.317 of 2002 in O.S.No.73 of 1996 praying to condone the delay of 713 days in filing the application under Section 5 of the Limitation Act.

2. The Civil Revision Petitioner/deceased second defendants son/Applicant in I.A.No.317of 2002 has averred that a decree was passed against the first defendant and the second defendant in a suit on pronote and that O.S.No.74 of 1992 was initially filed in the Sub Court, Virudhachalam and later, it was transferred to the District Court, Villipuram and re-numbered as O.S.No.288 of 1994 and from there, it was transferred to the Sub Court, Kallakurichi and numbered as O.S.No.73 of 1996 and taken on file. It is the case of the Civil Revision Petitioner/Applicant before the lower Court that the first defendant appeared before the Court and contested the case and a decree was passed on 20.08.1996 against the second defendant and that no notice of summons was sent to the second defendant either