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As per case facts, the plaintiff initially filed a Writ Petition alleging encroachment by the revision petitioner and seeking demolition of illegal structures. The High Court dismissed this, advising a
...civil suit. Subsequently, the plaintiff filed a plaint which was repeatedly returned due to defects, causing significant delays in re-presentation. The Trial Court, in the interest of justice, condoned these delays and accepted the plaint. The revision petitioner, aggrieved by this, appealed, arguing the plaint was time-barred. The question arose whether the Trial Court was justified in exercising its discretionary power to condone significant delays in re-presenting the plaint, especially given the petitioner's argument of limitation. Finally, the High Court dismissed the Civil Revision Petitions, affirming that the question of limitation is a mixed issue of fact and law for trial, and condoning delay in plaint re-presentation is a matter between the court and the plaintiff, allowing defendants to raise limitation as a defense later.
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