V.P.RAJULA Vs. K.J.SAKADEVA RAJA

JUDGEMENT

(1.) This Civil Revision Petition is filed by the plaintiff in the suit in O.S.No.482 of 2004, on the file of the Additional District Munsif Court, Srivilliputhur, as against the order dismissing the petition to condone the delay of 1824 days in re-presenting the petition filed by the revision petitioner under Order IX Rule 9 CPC.

(2.) The revision petitioner filed a suit in O.S.No.482 of 2004 on the file of the Subordinate Court, Srivilliputhur for recovery of a sum of Rs.68,692.00 and for costs. The suit was dismissed for default and hence, the petitioner filed an application for restoration of suit under Order IX Rule 9 CPC. It appears that the petition presented by the revision petitioner was returned for certain defects and there is a delay of 1824 days in re- presenting the petition to restore the suit. Hence, the revision petitioner filed a petition to condone the delay of 1824 days in re-presenting petition to restore the suit. However, the trial Court dismissed said petition only on the ground that the petitioner has not given sufficient reasons for the delay. Aggrieved by the same, the present Civil Revision Petition is filed.

(3.) This Court considered the facts and circumstances of the case and found that the petitioner deserves an indulgence by way of an opportunity to prosecute the suit. The suit is for recovery of money and the delay in re-presentation was stated to be on account of misplacement of papers in the Advocate's Office. Though the explanation offered by the revision petitioner is common and this kind of explanation is found in almost every case, where, the delay is only in re-presentation, the petitioner's explanation cannot be ignored unless there are strong reasons to doubt the bona fides. Even though the delay is beyond 1800 days, the petitioner's excuse involving his Advocate has to be considered keeping in mind broad principles. This Court does not find any reason to disbelieve the case of petitioner.