JUDGMENT :

(Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 09.03.2021 in E.A.No.5 of 2020 in E.P.No.1950 of 2006 in O.S.No.6686 of 1996 on the file of learned X Assistant Judge, City Civil Court, Chennai.)

1. This petition is filed challenging the order passed in E.A.No.5 of 2021 in E.P.No.1950 of 2006 in O.S.No.6686 of 1996 on the file of X Assistant City Civil Court, Chennai.

2. E.A.No.5 of 2020 was filed under Section 5 of the Limitation Act to condone the delay of 912 days in filing the petition to restore the E.P.No.1950 of 2006. The trial Court allowed this petition on payment of costs of Rs.5,000/- to the petitioners. Against the said order, this Civil Revision Petition is preferred.

3. Learned counsel for the petitioners submitted that Section 5 of the Limitation Act is not applicable to the proceedings under Order XXI Rules 105 and 106 CPC. Therefore, filing a petition under Section 5 of Limitation Act and Order XXI Rule 105 (3) CPC for condonation of delay and allowing the petition is not correct. Hosts of judgments have been placed before this Court in support of the applicability and non-applicability of Section 5