DAMODARAN PILLAI vs SOUTH INDIAN BANK LTD.

The Supreme Court interpreted sub-rule (3) of Rule 106 of Order XXI of the Code of Civil Procedure, holding that a restoration application must be filed within 30 days of the order's passing, and Section 5 of the Limitation Act, 1963 does not apply to such cases. The Court upheld the lower court's decision to condone the delay in filing the restoration application based on the peculiar facts of the case, affirming the inherent power of the Executing Court to do so. The appeal was dismissed, maintaining the order of the High Court.