- (1.) Plaintiff has filed this revision petition under Article 227 of the Constitution of India impugning order dated 4.6.2012 Annexure P/5 passed by the lower appellate court.
(2.) Suit was filed by plaintiff-petitioner against respondents/defendants. Defendants were proceeded against ex-parte in the suit. The trial court dismissed suit by ex-parte judgment and decree. Plaintiff filed first appeal against judgment and decree of the trial court. The lower appellate court after initially ordering issuance of notice of the appeal to the respondents, dispensed with the service of respondents in the appeal in view of Order 41 Rule 14 (3) of the Code of Civil Procedure (in short, CPC) as introduced by this Court by amendment, because the respondents were ex-parte in the trial court.
(3.) Respondent no. 1, who was defendant no. 3 in the trial court and respondent no. 3 in the lower appellate court, filed application under Order 41 Rule 21 CPC for re-hearing of the appeal. Along with said application, respondent no. 1 also filed application under section 5 of the Limitation Act for condonation of delay in filing the aforesaid main application. The application for condoning delay has been allowed by the lower appellate court vide impugned order dated 4.6.2012 and thereby delay in filing the application under Order 41 Rule 21 CPC has been condoned on payment of Rs. 600/- as costs. Feeling aggrieved, the plaintiff has filed this revision petition to assail the said order.;