LAWS(APH)-2017-4-79

SAKALI ESHWARAIAH Vs. PATEL ANANTH REDDY

Decided On April 11, 2017
Sakali Eshwaraiah Appellant
V/S
Patel Ananth Reddy Respondents

JUDGEMENT

(1.) This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, ('the Code', for brevity) by the unsuccessful petitioners/ plaintiffs, is directed against the order, dated 21.09.2016, of the learned Junior Civil Judge, Kodangal, Mahabubnagar District, passed in I.A.No.24 of 2016 in O.S.No.21 of 2007 filed by the petitioners/plaintiffs under Section 5 of the Limitation Act, 1963, read with Section 151 of the Code requesting to condone the delay of 1,142 days in filing a petition under Order IX Rule 4 read with Section 151 of the Code for restoration of the suit, O.S.No.21 of 2007 to file after setting aside the order of dismissal for default, dated 04.12.2012, passed in the said suit.

(2.) I have heard the submissions of Sri G.Anandam, learned counsel for the revision petitioners/plaintiffs, (hereinafter, 'plaintiffs') and of Sri P.Radhakrishna, learned counsel for the respondents/defendants, (hereinafter, 'defendants'). I have perused the material record.

(3.) The facts, which are necessary to be stated as a prelude to this order, in brief, are as follows:-