THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3238 OF 2010 ORDER: The petitioner-decree holder filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CPC” for brevity}, inter alia, seeking to assail the order dated 22.01.2009 in E.P.No.174 of 2007 in O.S.No.287 of 2000 on the file of the III Additional District Judge, Guntur, in dismissing the E.P. filed under Order XXI Rule II Clause I Schedule I CPC. The only grievance of the petitioner is that the sale papers were not tallied with the schedule and since the petitioner was called absent, the Court below dismissed the E.P. Hence, the revision. Having considered the submissions made and on perusal of the material available on record, it is seen that if at all there is any violation or mistake crept in, the petitioner could have been asked to comply with the same, either by filing fresh sale papers or by correcting the sale papers already filed. No such exercise was done by the Court below, for correction or for filing fresh sale papers. It is also pointed out that in spite of taking several steps earlier by taking out notice and summons, no objection is coming forth in regard to the identity. In view of the same, the Civil Revision Petition is allowed and the order dated 22.01.2009 is set aside. The matter is remitted back to the Court below for fresh consideration and the petitioner is permitted to file fresh set of sale papers and comply with the objection. No costs. _________________ (B.PRAKASH RAO, J) 3rd September 2010 RRB