( 1 ) ALONG with the Rule, there is an application Under Section 5 of the Limitation Act in respect of the instant revisional application. By an order dated 8-4-75, P. K. Banerjee, J. when issuing the Rule directed that the application for condonation of delay be considered at the time of hearing of the Rule. In that application in paras 4 and 5 an explanation has been given by the petitioner why the revisional application could not be filed in time. I am satisfied with the explanation given and accordingly I condone the delay and I take up the matter (the revisional application) for hearing.

( 2 ) THIS revisional application is made against the judgment and order dated 10th Dec. 1974 passed by Sri S. K. Biswas, Additional District Judge, 2nd Court, Howrah, passed in Misc. Appeal No. 39 of 1974 reversing the order made in Misc. Case No. 41 of 1971 by the learned Munsif, 1st Court, Howrah. The petitioner filed a Title Suit, being Title Suit No. 140 of 1967 for dissolution of partnership and for accounts. The defendants Nos. 1 and 2 appeared in the suit and filed written statement. A decree was passed on 16-11-71 ex parte as the defendants failed to appear or to