- (1.) HEARD learned counsel for the parties and perused the records.
(2.) THE respondent No.2 herein filed Suit No.56 of 1980 on 07.04.1980 against the petitioner seeking injunction and declaration claiming title over the property in dispute. The valuation of the suit as initially shown in the plaint was Rs.2000/ - and the same being cognizable by the court of Munsif, Mahoba was filed there. However, subsequently, while deciding the issue of valuation of the suit it was determined as Rs.75000/ - vide order dated 03.12.1996. Consequent to this, the court ceased to have pecuniary jurisdiction over the matter and vide order dated 03.12.1996 ordered for return of the plaint to the respondent No.2 plaintiff for being presented before the competent court. The plaint was actually received back by the respondent No.2 plaintiff on 15.03.1997. The same was filed before the competent court on 11.01.1999. While filing the suit before the competent court, an application under Section 5 of the Limitation Act as also an application under Section 14 of the Limitation Act was filed seeking condonation of delay and the exclusion of time spent in pressing the earlier suit proceedings. The trial court dismissed the application under Section 14 on the ground that the same had been filed belatedly i.e. the plaint was ordered to be returned on 03.12.1996, it was actually returned on 03.03.1997, but the suit was presented only on 11.01.1999. The trial court has also taken into consideration certain incorrect averments made in an affidavit filed by the respondent No.2 in support of the application under Section 5 of the Limitation Act.
(3.) BEING aggrieved, the respondent No.2 plaintiff filed a revision bearing Civil Revision No.2 of 2000. The trial court allowed the revision of the respondent No.2, set aside the order dated 30.07.1999 passed by the trial court dismissing the application of the petitioner under Section 14 and ordered the suit to be registered and disposed of as per law. Being aggrieved, the petitioner defendant has filed this writ petition.;