Kuruva Mahadevi vs Junglee Khairun Bee
2023 Latest Caselaw 4903 AP

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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

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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