HON'BLE SRI JUSTICE B.KRISHNA MOHAN
CIVIL REVISION PETITION NO.4335 of 2012
ORDER :
This Civil Revision Petition arises against the order passed in I.A.No.920 of 2010 in unnumbered A.S.No._of 2009 dated 18.07.2012 dismissing the application filed under Section 5 of the Limitation Act to condone the delay in presentation of the appeal before the lower appellate Court.
Heard Mr. Naga Praveen Vankayalapati, the learned counsel for the petitioner and there is no representation on behalf of the respondents in spite of service of notice.
The counsel for the petitioner submits that the application filed under Section 5 of the Limitation Act, before the lower appellate Court was dismissed on 18.07.2012 on the ground that the petitioner herein has not furnished the relevant dates and as such seek for an opportunity to file a better affidavit before the lower appellate Court to consider afresh by the said Court.
On perusal of the Order of the Court below, it is also clear that the date of knowledge of the petitioner about the Judgment and decree passed in the suit in O.S.No.308 of 2006 dated 30.06.2006 on the file of Principal Junior Civil Judge, Chirala and the reasons for occurring delay in filing the appeal are not explained properly.
Hence, it would be fair enough to give opportunity for the petitioners to explain the reasons for the above said delay in filing the application under Section 5 of the Limitation Act before the lower appellate Court. For which the petitioners are at liberty to file 2 a better affidavit before the lower appeallate Court seeking similar relief for condonation of the delay in presentation of the appeal. On making such application, the lower appellate Court shall pass orders afresh on merits as per law. Hence, the order under revision dated 18.07.2012 is set aside enabling the court below to pass appropriate orders afresh on filing the better affidavit by the petitioner.
Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
______________________ JUSTICE B.KRISHNA MOHAN 07.10.2021 Yvk