application under section Order VII Rule 11(b) of Civil Procedure Code on 10.08.2017, (i.e.,) after almost six years. The reasons stated by the petitioner for the delay in filing the application is that the first defendant, who was his mother, had already filed an application under Order VII Rule 11(b) of Civil Procedure Code and therefore it did not necessitate him to file another application earlier. The first defendant had later expired and therefore it is claimed that the petitioner has chosen to invoke the provisions under Order VII Rule 11(b) of C.P.C. in the month of August 2017. I do not think that such a reasoning for a belated filing of the application would be justified for two reasons: firstly, nothing prevented the petitioner also to file an application along with his mother at an earlier point of time. Secondly, the mother had expired in the year 2016 and this present application came to be filed only after one year from her death, which delay has not been properly explained. When the trial had commenced and the application has now been belatedly made for rejecting the plaint, it would cause serious prejudice to the parties at this stage. As such, even on this ground, it would be appropriate to reject the present Civil Revision Petition.
