With the consent of the learned counsel for the parties, this writ petition is being disposed of today at the motion hearing stage.

2. It is a very peculiar case, where the respondent/plaintiff, by itself and through its counsel, as well as the learned Court below have exhibited and demonstrated their total ignorance of law as far as the applicability of Section 5 Limitation Act is concerned. Actually, the learned Court below has gone a step further by not only wrongly applying Section 5, but also allowing the plaintiff's prayer for condonation of the delay without issuing any notice to the defendants in the suit.

3. The respondent is a Financial Corporation under the State Financial Corporations Act, 1951. It filed a suit for declaration and injunction against the petitioners herein for setting aside a sale deed executed on 29th December, 1993 and for consequential relief of permanent injunction restraining the petitioners from selling, transferring etc. the property in question. The suit was filed in the month of March, 2007. Even though the sale deed, sought to be declared illegal, null and void etc., was executed on 29th December, 1993, in the plaint, the plaintiff/respon