JUDGEMENT :

1. The above Interim Application is filed to condone the delay and to set aside the order dated 6th January 2017, under which the above Suit was dismissed for want of prosecution. The above Application is lodged on 13th September 2021. There is a delay of approximately 4 years and 7 months [approximately 1,674 days]. The reason I have mentioned this over here, is because in the Interim Application, the period of delay is not mentioned anywhere.

2. It appears that when the above Suit was called out on 6th January 2017, none appeared on behalf of the Plaintiff. In these circumstances, this Court by its order dated 6th January 2017 dismissed the Suit for want of prosecution. To set aside this order, the present Interim Application is lodged on 13th September 2021.

3. The explanation for non-appearance on 6th January 2017 as well as for the delay in filing the present Application, is set out in paragraphs 3, 4 & 5 thereof. In the Interim Application it is stated that in the year 2010, amendments to the Plaint were allowed and thereafter the matter was adjourned for framing issues. However, after January 2011, the Suit was not appearing on board for framing issues for a long pe