Ch.Uma Maheswara Rao v. Bingi Vishweshwar

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.5175 OF 2016

O R D E R

This Civil Revision Petition under Section 115 CPC arises out of the order dated 06.09.2016 passed by the learned Principal District Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.1191 of 2016 in ASSR No.7797 of 2016. The said I.A. was filed by the petitioner/appellant under Section 5 of the Limitation Act, 1963 to condone the delay of 990 days in the presentation of the appeal against the judgment and decree dated 06.03.2013 in O.S.No.294 of 2009 on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar. By the order under revision, the Court below dismissed the I.A. holding that sufficient cause was not made out to condone the abnormal delay of 990 days. Perusal of the order under revision reflects that the petitioner/appellant stated that he had engaged one B.

Krishna Vijaya Rao, Advocate, to defend him in the suit and got filed his written statement through him. The petitioner/appellant further stated that he had no intimation about the passing of the judgment and decree in the suit and only when he received the notice in execution proceedings filed by the respondent/plaintiff in E.P.No.55 of 2015, he made enquiries and came to know that Krishna Vijaya Rao, advocate, died. He therefore sought to explain the delay on this ground.

Heard Sri V.S.Subrahmanyam, learned counsel for the petitioner/appellant, and Sri M.Rama Krishna, learned counsel for the respondent/plaintiff.

Though the reasons put forth by the petitioner/appellant are not satisfactory inasmuch as it is not open to a litigant to say that he entrusted the matter to an advocate and forgot about it thereafter, Sri V.S.Subrahmanyam, learned counsel, would contend that his client may be afforded an opportunity to test the judgment and decree under appeal

which requires him to pay a hefty sum of over Rs.4,00,000/-. Learned counsel would state that his client may be put on terms to enable him to maintain the appeal against the judgment and decree passed in the suit. Upon being asked as to what would be the suitable terms, Sri V.S.Subrahmanyam, learned counsel, would himself volunteer that his client would pay Rs.2,00,000/- towards part of the decretal amount along with costs of Rs.16,828/- if he is granted three months to do so. Sri M.Rama Krishna, learned counsel, fairly conceded that if the petitioner/appellant makes such deposit and his client is permitted to withdraw the same unconditionally, he has no objection to the appeal being entertained.

The order under revision is accordingly set aside and the delay is condoned subject to deposit of a sum of Rs.2,16,828/- by the petitioner/appellant to the credit of O.S.No.294 of 2009 on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, within three months from today. Upon such deposit, the respondent/plaintiff is granted liberty to withdraw the amount so deposited without furnishing security. Subject to compliance with the aforestated condition, the learned Principal District Judge, Ranga Reddy District at L.B.Nagar, shall entertain the appeal and adjudicate the same on merits and in accordance with law.

The Civil Revision Petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 16th DECEMBER, 2016 Svv