( 1. ) THIS revision is filed against the order dated 22-11-2004 passed by VIIth additional District Judge, Gwalior in Civil Appeal No. 25-A/2004, whereby the learned Additional District Judge allowed the application of the non-applicant filed under Section 5 of Limitation Act.

( 2. ) BRIEF facts of the case are that the applicant Dindayal Bansal filed a suit for declaration and permanent injunction on the allegation that he has purchased the suit land from deceased Hariram vide registered sale deed dated 21-10-1965. Non-applicant in August, 1974 illegally encroached the said land. The Trial Court vide judgment and decree dated 12-3-1996 decreed the suit of the applicant and declared him as the owner of the land.

( 3. ) ON 7-2-2001 the non-applicant filed an appeal along with an application under Section 5 of the Limitation Act for condonation of delay on the ground that no intimation was given by his Counsel about the decision of the suit and on 11-12-2000 for the first time they came to know about the judgment and decree when applicant filed the certified copy of the judgment and decree. Thereafter the non-applicant applied for certified copy on 13-12-2000 and on 14-2-2000