GODAVARTHI KRISHNA MURTHY Vs. DIVEELA SESHARATNAM

JUDGEMENT

(1.) HEARD Sri T. Jagadish, learned Counsel representing the revision petitioner and Sri N. A. Ramachandra Murthy, learned Counsel representing respondent.

(2.) THE civil revision petition is filed under Section 115 of the Code of Civil procedure (hereinafter in short referred to as "the Code" for the purpose of convenience) challenging the order made in cma No. 51 of 2007 on the file of VII additional District Judge, Ongole, dated 27. 8. 2007, confirming the order made in la. No. 348 of 2003 in OS No. 37 of 2003 dated 1. 5. 2007 on the file of the Senior Civil judge, Chirala, where under an application praying for condonation of delay in filing an application to set aside the ex parte decree had been dismissed.

(3.) SRI T. Jagadish, learned Counsel representing the revision petitioner filed an application CRP MP No. 6925 of 2008 praying for permission to convert the present civil revision petition as having been filed as against an order dated 1. 5. 2007 made in la. No. 348 of 2007 in OS No. 37 of 2003 on the file of the learned Senior Civil Judge, at Chirala. The civil revision petition was admitted on 28. 9. 2007. Sri T. Jagadish, learned Counsel representing the revision petitioner had taken this Court through the contents of the affidavit filed in support of the application and would maintain that at the relevant point of time, in the light of the legal position, such application had been filed and as against an order made by the original court, the civil miscellaneous appeal had been preferred and challenging the said order made in CMA No. 51 of 2007 the present civil revision petition had been filed and since it is a bona fide mistake, the petitioner may be permitted to convert the present civil revision petition as having been preferred as against the order made in I. A. No. 348 of 2007 in OS No. 37 of 2003 on the file of the Senior Civil Judge, Chirala, instead of as having been filed as against an order made in CMA No. 51 of 2007 as aforesaid.