Court No. - 9
Case :- CIVIL REVISION No. - 237 of 2018 Revisionist :- Executive Officer Nagar Palika Parishad Opposite Party :- Ameena Begum Counsel for Revisionist :- Yogesh Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The instant revision is directed against the order dated 15.09.2018 whereby an application filed to restore a suit dismissed for want of prosecution has been allowed after condoning the delay of about five months in filing the restoration application.
This order is challenged primarily on the ground that the delay was wrongly condoned.
Upon consideration of the submissions made by counsel for the revisionist and upon perusal of the record, this court finds that the discretion available to a Court while dealing with an application for condonation of delay has been exercised in favour of the plaintiff-opposite party.
I do not find any jurisdictional error in such exercise of jurisdiction.
Even otherwise, it is settled law that the superior court should not lightly interfere with discretionary orders of subordinate courts.
Besides, the suit has been restored and the same has to be decided on its merits after affording parties opportunity of hearing adducing evidence. In the aforementioned circumstances, I do not consider it a fit case for interference.
The revision is accordingly dismissed.
Order Date :- 29.11.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.11.29 18:10:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad