THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5787/2009 Dt,6-8-2010 Sri Bhimeswara Swamy Devasthanam, Draksharamam, represented by its Executive Officer ..Petitioner V. 1. Dadala Chandramma and others. ..Respondent The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.5787/2009 ORAL ORDER The plaintiff in OS No.112/2006 on the file of Principal Junior Civil Judge, Ramachandrapuram, filed this revision petition under Section 115 CPC to revise the orders passed by that court dt. 10-9-2009 passed in IA No.205/2009, whereunder petition filed under Section 5 of the Limitation Act to condone the delay of 21 days in filing IA No.204/2009 for setting aside the dismissal order dt.12-12-2008 passed in OS No.112/2006. The plaintiff is the Bhimeswara Swamy Devasthanam, Draksharamam, represented by its Executive Officer. It filed the suit for recovery of money from the cultivating tenants. The matter was coming up for trial since 13-2-2008 and it was adjourned from time to time on several occasions and the suit was dismissed for default on 12-12-008 as the plaintiff was not ready and there was no representation on behalf of the plaintiff. Thereafter, the petitioner-plaintiff filed IA No.204/2009 under Order 9 Rule 9 CPC for restoration of the suit. Since there is a delay of 21 days in filing the said petition, the present petition came to be filed for condonation of delay stating that the Executive Officer of the temple held up at Hyderabad and due to fever he could not attend the court on the date on which the suit was dismissed for default. The trial court dismissed the delay condonation petition stating that there was no explanation as to why he did not file petition under Order 9 Rule 9 within 30 days of dismissal order and explanation given was only with regard to non appearance on 12-12-2008, which do not constitute sufficient cause. It is not in dispute, the suit is filed by the temple represented by its Executive Officer. To protect the properties of the temple, an opportunity should be given to the Executive Officer to prosecute his case Having regard to the facts and circumstances of the case, this court is of the view that the delay of 21 days in filing IA No.204/2009 is to be condoned. The delay of 21 days in filing IA No.204/2009 is condoned. Consequently, IA No.204/2009 filed under 9 Rule 9 CPC shall stand allowed and suit is restored to its original file subject to Executive Officer filing affidavit in lieu of chief-examination on or before 6-9-2010 and making him available for cross-examination on the said date. The Civil Revision Petition is accordingly allowed. No costs. ______________ A.GOPAL REDDY,J Dt.6-8-2010 kmr