COMMON JUDGMENT

Civil Revision Petition is filed against the dismissal of the petition in I.A.No.605 of 2013 in O.S.No.37 of 2007. The said petition was filed under Section 5 of the Limitation Act to condone the delay of 1903 days in filing petition to set aside the Exparte decree passed against the petitioner.

2. The facts necessary for the disposal of the revision petition is that the revision petitioner is the grand mother, and the respondent is the grand son. The averments raised in the revision petition is that the respondent/plaintiff, taking advantage of the fact that the petitioner/defendant is the aged illiterate women staying with his grandson/respondent, managed to project before the trial court as if the summon in the suit was served on the petitioner/defendant. On that basis, the petitioner was set exparte on 12.03.2007 in the suit.

3. It is also mentioned in the affidavit filed in support of the revision petition that the suit was presented in the court by the plaintiff/respondent on 12.02.2007. The petitioner/defendant was set exparte on 12.03.2007. Order 5 Rule 1 CPC mandates that 30 days time shall be given to the defendant to file his written statement.

4. The learned