PADMAVATI ART Vs. BHAGWATI PRASAD BANG

JUDGEMENT

(1.) The present civil revision petition has been preferred under Sec. 115 of the Code of Civil Procedure. At the outset, an application under Sec. 5 of the Limitation Act has been moved by the petitioner seeking condonation of delay of 76 days in filing the instant revision petition.

(2.) It is submitted that the delay occurred on account of a communication lapse, as the petitioner was under the bona fide belief that the pending revision petition No. 57/2024, arising out of the earlier order dtd. 16/11/2023, also encompassed the subsequent order dtd. 14/8/2024 passed under Order 12 Rule 6 CPC. Owing to this misunderstanding, the present revision petition could not be filed within the prescribed limitation period.

(3.) Having considered the contents of the application and the reasons furnished therein, and being satisfied that the delay was neither intentional nor deliberate, but due to the aforementioned circumstances, the application is allowed. The delay of 76 days in filing the revision petition is hereby condoned.