G EKAMBARAM NAIDU Vs. P KRISHNAIAH NAIDU

JUDGEMENT

(1.) Refusal by the trial Court to condone two days delay in filing an application to set aside the Order of dismissal of the suit for default has resulted in this revision petition by the plaintiffs.

(2.) Hearing counsel on either side and going through the impugned order, it does appear that the plaintiffs were not diligent in prosecuting their suit. The question, however, ultimately boils down to whether there was sufficient cause for condonation of delay in filing the application in question. And on that ground the plaintiffs-must be held to have made out sufficient cause for condonation. That the plaintiffs previously were not diligent in prosecuting the suit proceedings can have but extremely limited relevance in consideration whether delay of bare two days should or should not be condoned. The trial Court has been carried away mostly by the previous conduct of the plaintiffs than by the paramount question whether the plaintiffs had or had not made out sufficient cause for condonation of two days delay.

(3.) After hearing counsel on either side, I am inclined to condone the delay of two days in question but on terms and conditions as per the final order below.