THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.196 of 2010 Date of Order: 06-08-2010 Between: Redia Venkata Ramana ..Petitioner and 1. Punyamanthula Ramulu and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.196 of 2010 Oral order: Plaintiff filed this revision aggrieved by the order of the II Additional Junior Civil Judge, Kakinada in dismissing I.A.No.2454 of 2008 in O.S.No.1338 of 2000 filed for condoning the delay of 231 days in filing the petition under Order IX Rule 9 CPC to set aside the default order passed in O.S.No.1338 of 2000 dated 28-01-2008. The plaintiff instituted the above suit for declaration of title and permanent injunction in respect of suit schedule property, but could not take steps to bring the Legal Representation of the 4th defendant and failed to appear on 28-01-2008; therefore, the suit was dismissed for default on the same day. On dismissal of the suit, the petitioner filed I.A.No.2454 of 2008 to condone the delay of 231 days in filing the petition to set aside the default order stating that he suffered with jaundice for the last six months and could not consult his advocate though the 4th defendant died and his Legal Representatives are to be brought on record; when he contacted his counsel on 08-10-2008, after recovery from ill health, to enquire about the date of adjournment, he came to know that the suit was dismissed for default. Hence, the delay may be condoned. No doubt, along with the affidavit the petitioner has not filed any prescription about the treatment taken by him for jaundice. Generally, in rural areas people will consult the RMP or Ayurvedic doctors for treatment of jaundice. Therefore, there will not be any prescription or record of treatment in that regard. Having regard to the fact that the suit is filed for declaration of title and recovery of amount and valuable rights of the parties are involved in the case, the lower court ought to have exercised the discretion vested in it in condoning the delay on certain terms. In view of the same, the delay of 231 days in filing the petition to set aside the default order is condoned and consequently the petition filed under Order IX Rule 9 CPC shall stand allowed restoring the suit to its original file subject to petitioner/plaintiff paying cost of Rs.1,000/- to the Legal Services Authority, Kakinada within three weeks from the date of receipt of a copy of this order and also filing a Memo before the trial Court to bring the Legal Representatives of the 4th defendant, who have now been impleaded as respondents 17 to 19 in the revision. In default, revision petition stands dismissed. The C.R.P. is accordingly allowed. No costs. _________________ A.GOPAL REDDY, J. 06-08-2010 Murthy