Marisetti Subbarao, v. Palagummi Bhaskara Rao (Died).

THE HONOURABLE SRI JUSTICE RAJA ELANGO Civil Revision Petition No.5714 of 2016 ORDER:

This Civil Revision Petition is filed under Section 115 of the Civil Procedure Code against the order and decree passed in I.A.No.1064 of 2016 in O.S.No.398 of 2008, dated 27-09-2016 on the file of the Court of the Principal Junior Civil Judge, Amalapuram, East Godavari District.

Heard the learned counsel for petitioners and perused the material available on record.

The petitioners herein filed I.A.No.1064 of 2016 on the file of the Court of the Principal Junior Civil Judge, Amalapuram, with a prayer to condone the delay of 45 days in representing I.A. SR.No.4322 of 2015. The learned Principal Junior Civil Judge dismissed the application on the ground that petitioners failed to explain each day delay in representing I.A. SR.1291 of 2016 in I.A. SR. No.4322 of 2015. In view of the same and having regard to the facts and circumstances of the case, the order and decree passed in I.A.No.1064 of 2016 in O.S.No.398 of 2008, dated 27-09-2016 on the file of the Principal Junior Civil Judge, Amalapuram, East Godavari District, is set aside and the trial Court is directed to allow the petitioners to represent the same.

Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions pending, if any, in this Civil Revision Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 23.11.2016 skmr