ORAL ORDER

The orders declining to condone the delay of 05 years and 11 months caused in preferring the application seeking revival of the suit which came to be dismissed for non-prosecution passed by the Courts below are sought to be challenged in this petition under Article 227 of the Constitution of India.

2. Learned advocate for the petitioner has submitted that petitioner is seeking condonation of delay mainly on the ground that petitioner did not remain present before the court below as the brother of the petitioner was ill and suffering from various decease like cancer and therefore as the petitioner was busy with the medical treatment of his brother, petitioner could not remain vigilant and therefore suit came to be dismissed. He would further submit that if the suit is not restored, the petitioner would suffer irreparable loss and great prejudice would be caused to him and therefore instead of deciding the matter on technical ground the petitioner may be given an opportunity to prove his case on merits. He would therefore submit to allow this petition by quashing and setting aside the order of the courts below and to restore the suit.

3. At the outset, relevant observations