Heard the arguments of M/s. R. Sripriya, learned counsel appearing on behalf of the Revision Petitioner and Mr. V.R. Anna Gandhi, learned counsel appearing on behalf of the Respondent.

2. It is the submission of Ms. R. Sripriya, learned counsel for the Petitioner, that the original plaintiff in O.S. No. 102 of 2011 has filed the suit for specific performance of an alleged reconveyance agreement dated 26.11.2002 before the District Munsif Court, Palacode, on 24.11.2005 without paying the proper Court fees and without any Petition to take leave of the Court for payment of the deficit Court Fee under Section 149 of C.P.C and so the Court has returned the Plaint for want of payment of deficit Court fee. It was further submitted by the learned counsel that even after the Plaint was returned by the Court, the Plaintiff did not pay the deficit Court Fee and resubmit the same within the stipulated time fixed by the Court and after a long period of 4 years, on 19.11.2009, the Plaintiff resubmitted the Plaint without paying the deficit Court Fee but with a Petition to condone the delay of 1330 days for resubmission and it has been submitted that the Petition was filed without giving an