SHOBHA LAL Vs. SHANKARI

JUDGEMENT

(1.) This revision petition is directed against the order dtd. 19/2/2019 passed by Additional District Judge No.1, Chittorgarh, whereby, the application filed by respondent under Order IX Rule 9 CPC was allowed.

(2.) The principal submission made by learned counsel for the petitioner is that the application Order IX Rule 9 CPC was barred by 65 days, for which, though an application under Sec. 5 of the Limitation Act was filed by the respondents, the trial court without deciding the application under Sec. 5 of the Limitation Act and condoning the delay, went on to decide the main application under Order IX Rule 9 CPC and, therefore, the passing of the order by the trial court without condoning the delay, is ex-facie without jurisdiction, the same deserves to be set aside and the application deserves to be dismissed.

(3.) Further submissions have been made that the application under Sec. 5 of the Limitation Act was filed alongwith application under Order IX Rule 9 CPC does not disclose any sufficient cause for the delay and, therefore, the application was liable to be dismissed.