1. 1. The Applicants had filed Regular Civil Suit No. 82 of 1984 in the Court of the learned Civil Judge, Junior Division at Vaijapur for declaration of title and injunction. The said suit came to be dismissed in default on 6th November, 1993 and, therefore, an application for restoration came to be filed belatedly on 6th June, 1994 along with an application for condonation of delay which came to be listed as M.A.R.J.I. No. 12 of 1994. This application for condonation of delay in filing the restoration application came to be rejected by the Court below on 21st September, 1995 and the same order has been challenged in this revision which was admitted on 8th January, 1997 and stay to the proceedings continued all along.

2. 2. On 25th June, 2003 the learned Single Judge of this Court recorded his disagreement with the view earlier taken by another Single Bench in the case of Chandrakant v. M.K. Associates, 2003 (1) Mh.L.J. 1011 and, therefore, took a view that a revision application against rejection of an application for condonation of delay appear to be entertainable in view of

the opening part of Section 115(1) of the Code of Civil Procedure (the Code, for short) subject t