MELLONA DEVELOPERS PVT. LTD. Vs. UMESH NAVINCHANDRA SHAH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this petition preferred under Article 227 of the Constitution of India, the petitioner (original plaintiff) has impugned the order dated 30/11/2015 passed by the trial Court, by which the trial Court was pleased to reject the petitioner's application seeking condonation of delay of 266 days in filing an application for setting-aside the order dated 7/3/2015 passed by the trial Court dismissing the suit for want of prosecution, as well the order dated 22/12/2017 passed by the appellate Bench of the Small Causes Court in Revision Application, by which the appellate Bench was pleased to confirm the order passed by the trial Court.

(3.) Learned senior counsel for the petitioner submits that in the facts, both the lower Courts ought to have condoned the delay in filing the application for setting aside the dismissal order dated 7/3/2015 passed by the trial Court. He submits that the petitioner has shown sufficient cause for condoning the delay of 266 days in filing the said application. He submits that in any event, in the interest of justice, delay ought to have been condoned, so as to enable the petitioner to proceed with the suit on its own merits, subject to payment of some costs.