HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 5689 OF 2009. DATED 27TH AUGUST, 2010. BETWEEN Vemula Rama Mohan Rao ….Petitioner and Jammalamudi Pullaiah …..Respondent HONOURABLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No. 5689 OF 2009. ORDER: The petitioner herein invoks the jurisdiction of this Court under Section 115 CPC inter alia seeking to assail the order dated 2-9-2009 rejecting the application purportedly ﬁled under Section 5 of the Limitation Act to condone the delay of 1336 days in ﬁling the petition to re-admit the appeal. The respondent/plaintiﬀ ﬁled the suit in O.S.No. 169 of 1998 against the petitioner/defendant on the ﬁle of the Principal Junior Civil Judge, Sattenapalli for speciﬁc performance of contract. The said suit was decreed in favour of the respondent/plaintiﬀ. Aggrieved over the same, the petitioner/defendant preferred appeal No.47 of 2002 and the same appears to have been dismissed for default. Thereafter, he ﬁled the impugned application showing the reasons that he has seriously ill from January 2005 and since then he is under treatment all these years till the date and that he underwent spinal surgery at Yasoda Hospital, Secunderabad and later taken treatment at Gandhi Hospital, Secunderabad. He further stated that as the doctors advised complete bed rest, he could not attend the case and therefore delay. The Court below, not being satisﬁed with the aforesaid reasons and also not convincing with the Xerox copies of the medical reports ﬁled by the petitioner, refused to condone the delay. Hence this revision. Admittedly there is considerable delay of 1336 days in approaching the Court after dismissal of the appeal for default. Except stating that he has been serious ill from January 2005 and underwent spinal surgery and doctors advised him to take complete bed rest, no other reasons are forthcoming. In support of the same, he sought to place reliance on the Xerox copies of the medical reports, but not the original medical reports to support his contentions. The reason stated for not producing the original medical reports is that he had handed over the original medical reports to his Counsel for production before the Court below as the delay had to be condoned, but, the said counsel did not submit medical documents before the Court below. However, a perusal of the material on record, it is to be seen that, thereupon, the petitioner could not take any action against the said Counsel nor could he take any proper steps for production of the original medical reports. In this Court also, he did not ﬁle original medical reports. There is no acceptable, cogent and suﬃcient reason on record to condone the delay. The Court below rightly exercised its discretion. I see no illegality or irregularity in the order under revision to invite warranting interference with the same. The Civil Revision Petition is dismissed. No order as to costs. ----------------------------------------- JUSTICE B. PRAKASH RAO 26T H AUGUST, 2010. Msnr.