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CMR, J.
CRP No.3733 of 2019
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Civil Revision Petition No.3733 of 2019
ORDER:
This Civil Revision Petition arises out of the order, dated 12.07.2019, passed in I.A.No.611 of 2019 in an un-numbered Suit on the file of the Principal Junior Civil Judge, Adoni, whereby the petition filed under Section 151 CPC to condone the delay of 265 days in representing the plaint that was returned with certain objections, was dismissed.
2) Heard learned counsel for the petitioner. None appeared for the respondent.
3) The petitioner is the plaintiff in the un-numbered Suit filed by her before the Principal Junior Civil Judge, Adoni, for recovery of money on the foot of a promissory note. After the plaint was presented, the same was returned with certain objections. The petitioner failed to represent the same in time after complying the said objections. There is a delay of 265 days in representing the plaint. It is stated that as the petitioner also sought for attachment before judgment under Order 38 Rule 5 CPC that it took time to ascertain about the 2 CMR, J.
CRP No.3733 of 2019 details of properties of the defendant and the delay occurred due to the said reason.
4) Therefore, considering the said facts and circumstances of the case, the Civil Revision Petition is allowed setting aside the impugned order. The petition in I.A.No.611 of 2019 stands allowed condoning the delay of 265 days in representing the plaint on payment of costs of Rs.1,000/- (Rupees One Thousand only) to the District Legal Services Authority, Kurnool, within one month from the date of receipt of a copy of this order. Failing which the petition stands dismissed without any further reference to the Court. On payment of such costs, the trial Court shall register the plaint, if it is otherwise in order and proceed further according to law. No costs.
Consequently, miscellaneous applications, pending if any, shall stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:11.10.2023.
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