Seelam Masenu (Died) v. M/S Nagarjuna Fertilizers And Chemicals Ltd.

HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition No.1420 of 2016 ORDER:

Heard Sri K.R.Sasidharan Nair, learned counsel appearing for the revision petitioners and Sri C.V.Narasimham, learned counsel for the 1st respondent.

2. Against the order passed in EA No.531 of 2012 in EP No.47 of 2012 in OS No.301 of 1983 on the file of the II Additional Senior Civil Judge, Kakinada, the petitioners preferred a revision before this court and having come to know that appeal has to be filed and not revision, they preferred an appeal with an application under Section 5 of the Limitation Act, to condone the delay of three days. They did not seek to condone delay caused on account of filing of the revision, obviously in fact they ought to have filed application under Section 14 of the Limitation Act, to condone the delay in prosecuting the revision.

3. Learned counsel for the 1st respondent would submit that since there is no application filed under Section 14 of the Limitation Act, the matter has to be remitted back to the trial court for considering the same afresh. This court, however is of the view that there is no useful purpose would be served in remitting back to the trial court and having regard to the facts and circumstances of the case, this court can condone the delay in filing the appeal by imposing costs.

4. Consequently, the delay in filing the appeal, including the days in prosecuting the CRP, is condoned on condition of the petitioners paying costs of Rs.1,000/- to the 1st respondent, within a period of six weeks.

5. The civil revision petition is, accordingly, disposed of. There is no order as to costs. Miscellaneous petitions, pending if any in this case, shall stand closed. _________________ R. KANTHA RAO, J Date: 22.04.2016 BSS HON'BLE SRI JUSTICE R. KANTHA RAO Civil Revision Petition No.1420 of 2016

Date: 22.04.2016 BSS