1. The Plaintiff in a suit for declaration and for permanent injunction is the petitioner before this Court. He is aggrieved against the order passed by the Court below in condoning the delay of filing certain documents by the respondent herein.

2. The claim of the petitioner as the plaintiff in O.S.No.549 of 2007 on the file of the District Munsif Court is that the suit properties are the joint family properties and in pursuant to a partition deed dated 11.6.1979, the plaintiff is in possession and enjoyment of the properties for more than 35 years. The defendants without having any manner of right or title over the suit properties attempted to interfere with the same. Consequently, the plaintiff/petitioner filed the above suit with the relief as stated supra.

3. The first defendant/the respondent herein filed a written statement and contended that the plaintiff borrowed a sum of Rs.1,25,000/-from the first defendant on 7.11.2003 and created a usufructuary mortgage in respect of suit item No.2 in favour of the first defendant. Consequent upon execution of such document, the first defendant was also put in possession. It is further stated that the plaintiff also executed