RAJANA APPALANAIDU Vs. Y. PRASAD RAJU AND ORS.

JUDGEMENT

(1.) Aggrieved by the order, dtd. 26/9/2017, passed in I.A.No.163 of 2016 in M.O.P.No.917 of 2014 on the file of the X Additional District and Sessions Judge, Visakhapatnam at Anakapalle, wherein and whereunder a petition filed under Sec. 5 of Limitation Act to condone the delay of 204 days to file an application to restore M.O.P.No.917 of 2014, which was dismissed for default on 24/2/2015, was dismissed, the present Civil Revision Petition is filed by the plaintiff under Sec. 115 of C.P.C.

(2.) The facts in issue are as under:

(3.) It is true that there is delay of 204 days in filing the petition but at the same time, the circumstances under which the said delay has occurred also needs to be considered.