RATANLAL Vs. PRAKASHCHAND GUPTA

JUDGEMENT

(1.) HEARD on admission.

(2.) RESPONDENT No. 1 filed a civil suit, which was being prosecuted in the Court of Fifth Additional District Judge, Gwalior. Lateron, plaint was amended and on account of amendment the plaint was returned to be presented before the proper Court. The plaintiff has presented the plaint before the proper Court and has also moved an application under section 14 of the Limitation Act. The plaintiff has mentioned that the suit was filed in another Court and on account of return of plaint he has presented in proper Court but there is no pleading that he was litigating bonafide in the other suit. The trial Court while considering the application for condonation of delay has not considered this fact and has condoned the delay.