JUDGMENT

This appeal arises out of the dismissal of an application for condonation of delay of 380 days in filing an appeal against a preliminary decree for partition. Normally, on finding that the delay caused in filing the first appeal has been properly explained, this Court should send the matter back to the first appellate court for a reconsideration. But, in the light of certain compelling facts disclosed before this Court in this appeal and also in the light of certain indisputed facts which touch upon the right of the plaintiff to maintain a suit for partition successfully, this Court is inclined to send the matter back to the trial court for a fresh consideration inasmuch as the dispute now revolves around the defendants among themselves and that the plaintiff has nothing to do with inter se dispute.

2. The brief facts necessary for the disposal of the appeal are as follows:

2.1. The appellant is the 4^th defendant in a suit (O.S. No.164/2008 on the files of Munsiff’s Court, Vatakara) for partition instituted by the 1^st respondent/plainti the plaint schedule property is set apart to the share of one Narayani Amma, her children, i.e. defendants 1 to 5, their deceased sister Ammu