JUDGMENT 1. - The matter comes up on the application under Section 5 of the Limitation Act. 2. The petitioner filed a second appeal under Section 100 against the judgment dated 3.9.2004 passed by the learned lower appellate court dismissing the appeal as having abated. Admittedly, the second appeal for which the limitation is 90 days was filed within the prescribed period of limitation. 3. The petitioner sought the leave of the court vide order dated 4.10.2007 to withdraw he second appeal as the objection was raised regarding the maintainability of the second appeal. Vide order dated 4.10.2007, the second appeal was dismissed as withdrawn and the certified copies of the impugned judgments were ordered to be returned to the appellant. After the order dated 4.10.2007, the present revision petition against the judgment dated 3.9.2004 has been filed on 16.10.2007, i.e., after twelve days of the passing of the order dated 4.10.2007 by which the second appeal was permitted to be withdrawn. In case of the second appeal as well as the revision petition the period of limitation is 90 days and the intervening period has been spent in pursing the remedy under Section 100 C.P.C. by way of S.B. Civil Second Appeal No. 540/2004. 4. In the facts and circumstances, therefore, I deem it just and proper to condone the delay in filing this revision petition. The application under Section 5 of the Limitation Act stands disposed of. The revision petition may now be listed for admission.Application For Condonation of Delay Allowed. *******