KESHAV PRASAD PANDEY Vs. BINOD KUMAR JAIN

JUDGEMENT

(1.) Heard learned counsel for the parties both in the limitation matter as well as on merits. With the consent of the learned counsel for the parties, this revision application is disposed off at this stage itself.

(2.) This revision application has been filed against the order dated 21.11.2006 passed by the 5th Civil Judge, Sr. Division, Saran at Chapra in Misc. Case No. 09 of 2006 dismissing the petition filed by the petitioner under Order 21 Rule 97 C.P.C. at the stage of admission itself holding the same to be not maintainable. This revision application has been filed on 12.09.2008 along with the limitation petition (I.A. No. 5654 of 2008) praying for condonation of delay with regard to which the office has reported that the limitation for filing this revision application has expired on 19.02.2007.

(3.) It has been stated in the condonation petition that the delay of 19 months 7 days in filing this revision application occurred because the petitioner had earlier preferred Title Appeal No. 102 of 2006 against the impugned order before the appellate court below which after admission remained pending till 21.05.2008 when after hearing the parties the same was dismissed as not maintainable. It has been further stated that after getting the knowledge of dismissal of the said appeal through his advocate, the petitioner approached his counsel at Patna where he was advised to file a revision itself against the order dated 21.11.2006 passed in Misc. Case No. 09 of 2006; and after obtaining the certified copy of the said order on 03.09.2008 the present revision application has been filed on 12.09.2008.