PERAM SRAVANI Vs. PERAM BHAGYAMMA

JUDGEMENT

(1.) The present Civil Revision Petition is filed against the order dtd. 4/9/2017 passed in I.A.No.382 of 2016 in O.S.No.142 of 2011 by the Court of the Senior Civil Judge, Repalle, Guntur.

(2.) The Petitioners are the plaintiffs and the application was filed under Sec. 5 of the Limitation Act to condone the delay of 146 days in filing the petition to set aside the default order dtd. 1/4/2016.

(3.) The case of the petitioners is that suit O.S.No.142 of 2011 was filed for partition and the suit was posted to 1/4/2016 for filing of chief affidavit of the petitioners on payment of costs of Rs.300.00 to Mandal Legal Services Committee, Repalle. As the 1st petitioner/1st plaintiff was suffering from jaundice and was on ayurvedic medication, she could not attend the Court on 1/4/2016 and as such, the suit was dismissed for default for non-payment of costs to Mandal Legal Services Committee. It is stated that the other plaintiff i.e. sister of the petitioner No.1 stays in a different village along with her grandmother and she was also not aware of the conditional order and hence the non- payment of costs and non-filing of chief affidavit were not intentional and that the default order would seriously prejudice their rights in the immovable properties annexed to the plaint.