The petitioner filed the above-mentioned suit for cancellation of judgment and decree in OS.No.1270 of 1986. The suit was dismissed in default on 29-01-2004. The petitioner filed an application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (for short ‘the CPC’) for setting side the said dismissal order and to restore the suit to its file. As there was a delay of 1894 days in filing the said petition, he has filed IA.No.45 of 2009 under Section 5 of the Limitation Act, 1963, for condonation thereof. In the affidavit filed in support of the said application, the petitioner has stated that he is a senior citizen; that he was suffering from several health ailments and was operated once; that his wife is a chronic patient and she underwent two operations; that his daughter met with an accident and that she has been undergoing treatment. In support of his plea, the petitioner filed Photostat copies of medical bills pertaining to the year 2003 and medical examination reports related to his wife, son and daughter for the years 2003 to 2009. The lower Court has considered the abovementioned plea of the petitioner with reference to the documents produced by him and rejected his explanation offered for occurrence of such delay. Hence, the present Civil Revision Petition.
