THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.4277 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 06.08.2009 passed in I.A.No.1695 of 2009 in O.S.No.199 of 2009 on the file of I Additional Senior Civil Judge, Eluru whereby and whereunder the learned Senior Civil Judge dismissed the application filed by the petitioner/plaintiff to condone the delay of 170 days in filing the petition to set aside the dismissal order passed against the third defendant. Notice before admission came to be ordered on 25.09.2009. Despite the notice being served on the third respondent, he did not choose to enter appearance either in person or through counsel. Respondents 1, 2 and 4 are stated to be not necessary. Heard learned counsel for the petitioner and perused the order impugned in this revision petition. Learned counsel for the petitioner submits that the petitioner has not paid the batta to the third respondent/third defendant inadvertently, and there is no willful default on the part of the petitioner in not paying the batta for service of summons on the third respondent/third defendant. Learned counsel took me to the affidavit filed in support of I.A.No.1695 of 2009. The lower Court dismissed the application on the ground that the affidavit is silent with regard to the engagement of the counsel in another Court when the case was called. A fact remains that the suit is coming up for payment of batta for the third respondent/third defendant. It is stated in the affidavit that the advocate engaged by him has been engaged in another Court when the case was called. It appears the trial Court has missed to note the said averment in the affidavit and thereby erred in dismissing the application. In that view of the matter, this Civil Revision Petition is allowed at the admission stage setting aside the order dated 06.08.2009. Consequently, I.A.No.1695 of 2009 stands allowed. There shall be no order as to costs. ___________________ B.SESHASAYANA REDDY, J Date: 17.11.2009 va