MANMOHAN SINGH, J.

1. By this order, I propose to dispose of two pending applications, being I.A. No.1536/2010 under Order IX, Rule 9 CPC alongwith I.A. No.1537/2010 under Section 5 of the Limitation Act, 1963 filed by the plaintiff.

2. The instant suit was filed by the plaintiff for declaration, partition and possession against the defendants. The suit was dismissed for non-prosecution on 15.05.2008.

3. It is submitted in the application that since the matter was being settled between the parties, therefore, on 05.12.2007 some more time was sought for compromise and the matter was renotified on 14.02.2008 for further proceedings. Later on, it was revealed

from the record that the matter was listed on 08.05.2008, but no one appeared on behalf of the plaintiff and the same was adjourned to 15.05.2008. On 15.05.2008, again there was no appearance on behalf of the plaintiff and the suit was dismissed for non-prosecution.

4. It is alleged by the plaintiff in the application that in the second week of January, 2010, when the plaintiff’s attorney visited the office of the Senior Advocate and enquired about his case, then only it was revealed that since the file had been take