THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.588 OF 2011 DATED:08.08.2011 ORDER: This Civil Revision Petition is directed against the order, dated 14.12.2010, in I.A.No.595 of 2009 in O.S.No.77 of 2005 on the file of the learned Senior Civil Judge, Jagtial, wherein the said application filed by the petitioner herein-plaintiff under Section 5 of the Limitation Act to condone the delay of 31 days in filing I.A.No.174 of 2010 under Order IX Rule 9 CPC for restoration of the suit, was dismissed for default on 03.06.2009. 2. Heard learned counsel for the petitioner. None appeared for the respondents and the notices issued to them were returned as refused. Perused the records. 3. Petitioner herein filed the suit for declaration of title and recovery of possession in respect of the petition schedule property. Defendants filed written statement contesting the suit and when the suit is posted for commencement of trial, the suit came to be dismissed for default on 03.06.2009. Petitioner filed I.A.No.174 of 2010 under Order IX Rule 9 CPC for restoration of the suit on the ground that on account of the illness she was away from the village and therefore could not prosecute the suit. As there was delay of 31 days in filing the said application, she filed I.A.No.595 of 2009 for condoning the same. The trial Court by the impugned order dismissed the said application on the ground that she has not filed any medical certificate in proof of the alleged illness. 4. Having regard to the fact that the suit is one for declaration of title and recovery of possession in respect of the immovable property and substantial rights of the parties are involved requiring a full fledged trial and having regard to the fact that the matter also stood posted for trial and the delay being only 31 days, it is considered that the petitioner-plaintiff can be given an opportunity to prosecute the suit and have it disposed of on merits. In that view of the matter and in the interest of justice, the impugned order, refusing to condone the delay of 31 days is set aside and consequently I.A.No.595 of 2009 stands allowed. 5. In the result, Civil Revision Petition is allowed. _______________________ G.V.SEETHAPATHY, J 08th August, 2011. Tsy