R.R.YADAV, J. - (1.) HEARD the learned counsel for the petitioner Sri R.S. Misra and Sri Vashistha Tiwari appearing on behalf of respondent No. 2.
(2.) FROM the perusal of the order passed by the Additional Civil Judge (Junior Division) dated 10 -7 -1997 it is revealed that the application moved under Section 5 of the Indian Limitation Act has been allowed by the learned trial Court as it found the cause for condoning delay to be sufficient within the meaning of Section 5 of the Indian Limitation Act. Aggrieved against the order dated 10 -7 -1997 passed by the learned trial Court the contesting respondent No. 2 filed a revision before the Additional District Judge. Court No. 6, Deoria and the Revisional Court in exercise of its revisional jurisdiction under Section 115 C.P.C. allowed the revision and set aside the order passed by the learned trial Court condoning the delay.
(3.) THE instant writ petition is posted today for admission but with the consent of the learned counsel for the parties. I proposed to decide it on merits at this stage.;