( 1 ) BY this order I propose to dispose of the application registered as C. M. No. 4059/98 filed by the petitioner praying for condonation of delay in filing the aforesaid petition.

( 2 ) IN the aforesaid petition, the petitioner has sought for setting aside the orders dated 24. 10. 1996 and dated 22. 8. 1998 passed by the Additional District Judge in Suit No. 423/1993.

( 3 ) THE petitioner instituted the aforesaid suit for recovery of Rs. 4,50,000. 00 against the respondents which was registered as Civil Suit No. 328/1988. The suit was initially instituted in this court which was, however, transferred to the District Court after pecuniary jurisdiction of the High Court was raised to Rs. Five Lakhs.

( 4 ) DURING the tendency of the aforesaid suit, respondent No. 1 moved an application under Section 20 Civil Procedure Code seeking for dismissal of the suit qua respondent No. 1 for want of territorial jurisdiction. Respondent No. 1 in the said application stated that the suit was not maintainable against the respondent No. 1 as it is situated outside the territorial jurisdiction of Delhi Courts and also because the petitioner, as plaintiff, has failed to seek lea