Arigela Gana Nayaka v. Nainala Nagamani Bhadrarao,

HON'BLE SRI JUSTICE RAJA ELANGO CIVIL REVISON PETITION No.6017 of 2016 ORDER:

This Civil Revision Petition is filed aggrieved by order dated 15-06-2016 passed in I.A.No.418 of 2015 in I.A.No.552 of 2014 in O.S.No.93 of 2009 on the file of the Senior Civil Judge, Razole. The trial court dismissed the application seeking to implead respondents 6 and 7, as legal representatives 2nd defendant, on the ground that the petitioner has not filed I.A.No.418 of 2015 along with an application under Section 5 of the Limitation Act to condone the delay in filing I.A.No.418 of 2015.

This court perused the record and heard the arguments. Considering the facts and circumstances of the case, this Court is of the view that without issuing notice to the respondents, the matter can be disposed of since the point for consideration is only regarding non-filing of application under Section 5 of the Limitation Act. Hence, the Civil Revision Petition is disposed of with the following direction :- The petitioner is directed to file a fresh application along with an application under Section 5 of the Limitation Act and on filing of such application, the trial court shall consider and pass appropriate orders in accordance with law.

The Civil Revision Petition is disposed of accordingly. Miscellaneous petitions pending, if any, shall stand closed. ________________ RAJA ELANGO, J.

16-12-2016 Prv

HON'BLE SRI JUSTICE RAJA ELANGO CIVIL REVISON PETITION No.6017 of 2016 16-12-2016 Prv