JUDGMENT Heard on admission. Respondent No. 1 filed a civil suit, which was being prosecuted in the Court of Fifth Additional District Judge, Gwalior. Lateron, plaint was amended and on account of amendment the plaint was returned to be presented before the proper Court. The plaintiff has presented the plaint before the proper Court and has also moved an application under section 14 of the Limitation Act. The plaintiff has mentioned that the suit was filed in another Court and on account of return of plaint he has presented in proper Court but there is no pleading that he was litigating bonafide in the other suit. The trial Court while considering the application for condonation of delay has not considered this fact and has condoned the delay. The order passed by the trial Court is set aside with direction to trial Court to decide the application under section 14 of the Limitation Act in letter and spirit. The plaintiff, if so advised, may move appropriate amendment in his application. With the aforesaid observations, the revision is disposed of.