ORDER

This petition under Article 227 of Constitution of India has been filed against the order dated 03.08.2022 passed by 13th Civil Judge, Junior Division, Jabalpur in MJC/17/2013 by which an application filed under Section 5 of Limitation Act in support of application filed under Order 9 Rule 9 CPC has been allowed.

2. It is submitted by counsel for petitioner that suit filed by the respondent No.1/plaintiff was dismissed on 24.07.2012 whereas the application under Order 9 Rule 9 CPC was filed on 02.08.2013 i.e. after 11 month of the dismissal of the suit. The plaintiff has not given plausible explanation for condonation of delay and accordingly it is submitted that the trial Court should not have condoned the delay. However, it is fairly conceded that the application filed under Order 9 Rule 9 CPC is still pending adjudication and the petitioner and other defendants have not filed their reply to the said application.

3. Considered the submissions made by counsel for petitioner.

4. In the application filed under Section 5 of Limitation Act, the respondent No.1 had claimed that her son is suffering from mental illness and his treatment is going on. Even, on the day when the case was