The equitable right of redemption and the circumstances of the case justified the condonation of the delay in filing the final decree petition.

1. This Civil Revision Petition is directed against the order of the learned District Munsif, Thanjavur dated 21.3.2003 made in I.A. No. 634 of 2002 in O.S. No. 971 of 1986.

2. The first respondent herein, who is the first plaintiff in the Suit, has filed I.A. No. 634 of 2002 before the District Munsif, Thanjavur to condone the delay of 2298 days in filing the final decree Petition. The said Application has been allowed by the Trial Judge on 21.3.2003. The same is under challenge in this Revision.

3. The first respondent has stated in her Application filed before the Trial Court that the Suit in O.S. No. 971 of 1986 was decreed on 3.11.1992 and she has filed an Application for passing final decree on 21.9.1993. Meanwhile, the petitioners/defendants filed a Petition in I.A. No. 1329 of 1993 praying to set aside the preliminary decree dated 3.11.1992. The said I.A. was allowed on payment of cost. Since the cost has not been paid, I.A. No. 1329 of 1993 was dismissed on 10.11.1994. Thereafter, another Application to restore I.A. No. 1329 of 1993 was filed with an Application to condone the delay of 101 days. Thereafter, according to the case of the first respondent, her son, the second plaintiff died on 12.9.1999. Hence, due to the above referred reason, she could not pursue her Application for final decree. Thus, the present Application has been filed to condone the delay of 2298 days in preferring the final decree proceedings.

4. The petitioners herein, who were the respondents in I.A. No. 634 of 2002, filed a detailed counter opposing the said Application. The learned District Munsif, Thanjavur by his order dated 21.3.2003 allowed the said Application. While doing so, the learned Trial Judge has held that the first respondent being a woman aged about 60 years and in the interest of justice, the Application to condone the delay in preferring the Application for final decree proceedings has to be allowed. But, unfortunately, the learned Trial Judge did not discuss about the merits of the Application or whether the Application is barred by limitation or not.

5. The learned counsel for the petitioners vehemently contended that the period of limitation for preferring final decree proceedings is within three years as per Article 137 of the Limitation Act, 1963 and hence the delay of 2283 days should not have been condoned. I am unable to accept the contention of the learned counsel for the petitioners for more than one reason.

6. First of all, the present Application is to condone the delay in filing the Application for final decree proceedings. In such Application, the Court has to see whether any sufficient cause has been shown for not filing the Application within time. Though the Court below did not discuss about the merits, of the matter, it has stated that the first respondent is a woman aged about 60 years and she wanted to redeem the property. Further, the Court below stated that it is after all her property which she wants to redeem the same. It is seen that the first respondent was aged about 60 years at the time of filing of the Application in the year 2002 and she will be now 64 years old. She has averred in the Application to condone delay that the petitioners herein have filed the application to set aside the ex parte preliminary decree and the same was pending for long time. Further she has stated that her son, the second plaintiff, died in harness and she was mentally depressed. Taking note of the same, I fully agree that the first respondent herein was prevented by sufficient cause in not preferring the Application within a reasonable time.

7. Secondly, I am unable to accept the argument of the learned counsel for the petitioners, that a period of 3 years has been prescribed under Article 137 of the Limitation Act for preferring the final decree proceedings, in view of the decision of the Honourable Apex Court in Achaldas Durgaji Oswal v. Ramvilas Gangabisan Hoda, 2003 (1) CTC 364 : 2003 (1) LW 797, w