SHAIK OSMAN Vs. SELECTION GRADE MUNICIPALITY WARANGAL

JUDGEMENT

(1.) This civil revision petition is directed against an order made in I.A.No. 347 of 1998 O.S.No. 95 of 1994 on the file of the Principal Junior civil Judge, Warangal dated 8-12-1998.

(2.) The revision petitioner is the first plaintiff in the suit and an application has been filed him under Sec. 5 of the Limitation Act 1963 to condone the delay of eleven days in filing an application under Or. IX Rule 9 C.P.C. for restoration of the suit dismissed for default on 11-2-1998. The suit was filed against the Municipality for not effecting mutation relating to a house. It is the case of the revision petitioner himself that he was suffering with cardiac problem on 11-2-1998 and as he was advised bed rest he could not attend the Court on 11-2-1998 and hence the matter was not represented by his advocate who was engaged in District Court and another junior advocate could not attend the Court due to his marriage arrangements. Hence it is a fit matter where the delay has to be condoned. In para 2 of the impugned order several dates have been specified and taking the past conduct into consideration the Court below felt that it is not a fit case where the delay has to be condoned. It was also recorded that no explanation was given why the other plaintiff who is also competent to give evidence was also not present on the particular day and hence the Court below held that there are no bom fides in making the application.

(3.) Sri Ramachandra Reddy, representing Narasimha Reddy learned Counsel for the revision petitioner, had contended that the delay is only eleven days and proper explanation had been given why the revision petitioner plaintiff could not be present on the particular day and the plaintiff had also given reasons for filling an application for restoration of suit with a delay of eleven days.