K. SUBRAMANYAM NAIDU Vs. THADIGOTLA VENKATA SUBBA REDDY

JUDGEMENT

(1.) Challenge in this revision is the order dated 20.02.2017 in I.A.No.709 of 2016 in unnumbered O.S.No. of 2016 passed by the Principal District Judge, Kadapa allowing the petition filed by the respondents/plaintiffs under section 151 CPC to condone the delay of 113 days in representing the plaint.

(2.) Respondents/plaintiffs filed the suit basing on the agreement of sale dated 28.01.2012. The plaint was returned 27.01.2016 on certain objections to be complied within 7 days. The plaint was represented by the plaintiffs with a delay of 113 days by assigning the reasons that the bundle was misplaced in the office records of their counsel and there was no wilful negligence on their part. Notice was ordered to the petitioner/defendant who filed his counter and opposed the petition. The trial Court, however, having been satisfied with the explanation offered by the respondents/plaintiffs for delay allowed the petition and condoned the delay, by imposing costs of Rs. 1,000/- payable to the District Legal Services Authority.

(3.) Heard learned counsel for petitioner. No representation for respondents.