Neutral Citation No. - 2025:AHC-LKO:15587 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 9136 of 2020 Petitioner :- Hariram And Ors. Respondent :- District Judge Shrawasti And Ors. Counsel for Petitioner :- Diwakar Prasad Tiwari Counsel for Respondent :- Rama Kant Dixit Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and Shri Amit Kumar Dixit, learned counsel for respondent no.3. 2. Present petition has been filed challenging an order dated 28.02.2020 whereby the application under Section 5 of Limitation Act which was allowed by the trial Court, was set aside in exercise of revisional power. 3. Perusal of the order passed by the Civil Court reveals that an ex-parte decree was set aside at the instance of the defendant. While allowing the Section 5 application, the trial Court had held that the intent is to minimize the multiplicity of the litigation. It was also recorded that an ex-parte decree was passed against the father after his death and the application under Order 9 Rule 13 of CPC was filed by the petitioners who are legal heirs of father against whom the ex-parte decree was passed. 4. The revisional Court set aside the orders mainly on the ground that the exercise of discretion was not proper by the trial Court. 5. In terms of the scope of Section 115 CPC, it is incumbent that the revisional Court should exercise the power only when the order impugned is said to have been passed without jurisdiction, failure of jurisdiction or trial Court ought to have acted with material irregularity and illegally. 6. No such reason exist in the revisional order. In view thereof, the impugned orders dated 28.02.2020 cannot be sustained and is quashed. 7. The order of the trial Court is restored. The suit shall be decided in accordance with law on merits. 8. Present petition stands allowed in above terms. Order Date :- 17.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench