- (1.) This application under Section 5 read with Section 14 of the Limitation Act arises under the following circumstances :- The executing Court disposed of the objections vide order dated February 15, 1989. The petitioner applied for the certified copy of the order on the same day and it was delivered on February 28, 1989. On a wrong advice tendered, the petitioner filed first appeal before the District Judge on March 8, 1989 and the same was dismissed being incompetent on October 3, 1989. An application for certified copy of the order of the appellate Court was moved on October 7, 1989 and the copy of the judgment of the first appellate Court was delivered to the petitioner on October 27, 1989. The Revision Petition was moved in this Court on October 28, 1989.
(2.) The petitioner prays for condonation of delay for the period he has been prosecuting his remedy before the first appellate Court. The averments made in the petitioner have not been controverted. Consequently, the same are treated as correct. In view of the averments made in the petition, the delay in filing the Revision Petition in this Court is condoned. The application is allowed. The Revision Petition will be treated to have been filed in time. Consequently, the Civil Misc. No. 7915-CII of 1989 is allowed. The office is directed to number the Revision Petition and place it for motion hearing.;