ORDER:

The second defendant before the learned trial Court filed this civil revision petition under Section 115 of C.P.C. impugning the order dated 15.11.2018 passed by the learned Senior Civil Judge, Gudur, SPSR Nellore District in I.A.No.463 of 2013 in O.S.No.5 of

2009.

2. The 1 st respondent in this petition is plaintiff and the 2 nd respondent in this petition is 1 st defendant in the suit.

3.

O.S.No.5 of 2009 was a suit for partition and separate possession and there was one plaintiff and two defendants. The 1 st defendant is mother of the 2 nd defendant. A preliminary decree was passed on 11.04.2012 granting 4/9 th share to the 1 st respondent/plaintiff therein. While final decree proceedings were initiated, the 2 nd defendant had filed I.A.No.463 of 2013 under Section 5 of the Limitation Act, 1963 (for short, ‘the Act’) seeking to condone the delay of 339 days in filing a petition under Order IX Rule 13 of C.P.C. to set aside the preliminary decree, which was passed ex-parte. After due contest, the learned trial Court dismissed the said petition and that resulted in this revision moved by the 2 nd defendant in the suit.

4. B