JUDGMENT

1. The appellant filed a suit for recovery of Rs.4,69,000/- under Order XXXVII of the Code of Civil Procedure against the respondent, which was dismissed on 7th January, 2010 by the Trial Court for non-prosecution. The appellant filed an application under Order IX Rule 9 of the Code of Civil Procedure for restoration which was dismissed by the Trial Court on 29th November, 2010. The application for review of the order dated 29th November, 2010 was also dismissed on 18th December, 2010.

2. The appellant filed an appeal against the order dated 29th November, 2010 which was dismissed by this Court on 25th February, 2011. The appellant filed SLP (C) No.16186/2011 (which was converted into Civil Appeal No. 7220/2014) against the order dated 25th February, 2011 in which the Supreme Court vide order dated 25th February, 2011 remanded the matter back to this Court for consideration of appeal on merits.

3. The law with respect to the condonation of delay is well settled. The approach has to be liberal and judicious guided by the paramount consideration of not depriving a litigant ordinarily of adjudication of rights on merits. Hypertechnical, too strict, and pedantic approach