THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3223 OF 2011 DT.16.9.2011 Between: Ch.Himabindu … Petitioner And Bank of Kuwait and Middle East and others … Respondents Counsel for the Petitioner: Sri B.Krishna Mohan Counsel for respondents: The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3223 OF 2011 ORDER: The petitioner herein is plaintiff, who filed a suit on the file of the District Judge, Guntur for declaration of legal heir and for consequential reliefs and the same was returned and resubmitted with an application in I.A. No. 222 of 2011 to condone the delay of 186 days in representation. It is stated that the suit was returned on 7.10.2010 with certain objections to be complied with, within seven days and the same could not be resubmitted within time on the ground that he went to Hyderabad where he suffered sickness and doctors advised him not to undertake any journey and later there was an agitation for want of High Court bench at Guntur and in the process there is a delay of 186 days in representing the plaint. The Court below on consideration of the matter, dismissed the said application by order dated 1.3.2011, hence the present revision. Heard the learned counsel for petitioner and perused the material available on record. It is absolutely true that the petitioner utterly failed to show sufficient cause to condone the delay of 186 days in representing the plaint, however, it cannot be said that the claim of the suit is barred by limitation, inasmuch the suit is yet to be numbered and whether the petitioner is entitled to the relief claimed therein or not is still a matter to be enquired, hence, the Court below ought to have condoned the delay subject to certain conditions. Having regard to the facts and circumstances of the case, this Court deems it appropriate to condone the delay subject to payment of costs of Rs.5000/- (Rupees five thousand only) to the Secretary, District Legal Services Authority, Guntur. Accordingly, the order dated 1.3.2011 in I.A. No. 222 of 2011 on the file of the District Judge, Guntur is set aside and the revision petition is allowed subject to payment of costs of Rs.5000/- (Rupees five thousand only) to the Secretary, District Legal Services Authority, Guntur, within six weeks from the date of receipt of copy of this order. It is needless to mention that, in default of payment of costs, the revision stands dismissed. ______________ V.ESWARAIAH,J DT.16.9.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 3223 OF 2011 DT.16.9.2011