THE HON’BLE SRI JUSTICE K.S.APPA RAO C.R.P.5695 OF 2006 ORDER Aggrieved by the order dated 28-7-2006 in I.A.No.365 of 2006 in O.P.No.726 of 2001 on the file of the III Additional District Judge (Fast Track Court)(MACT), Kadapa, the present civil revision petition is filed. The revision petitioner herein is the third respondent in MVOP No.726 of 2001. The said IA was filed under Section 5 of the Limitation Act to condone the delay of 404 days in filing the petition under Order 9 Rule 13 C.P.C. After due enquiry, the trial Court dismissed the petition on the ground of lack of bona fides. Learned counsel appearing on behalf of the 4th respondent urged that the petitioner failed to explain the delay of 404 days in filing the petition and the learned Judge rightly dismissed the petition and that there are no bona fides on the part of the petitioner. Now the point for consideration is whether the impugned order is sustainable. The respondents 1 and 2 herein filed the above MVOP claiming compensation of Rs.1,00,000/- for the death of their minor girl, aged 6 years, in a road accident, against APSRTC and also Insurance Company. After due enquiry, the trial Court awarded compensation of Rs.50,000/- to respondents 1 and 2, who are parents of the minor girl. It is the contention of the revision petitioner-APSRTC that notices were misplaced in the office and therefore, they could not represent the matter before the trial Court and that there are no laches on their behalf. As per the impugned order, the proof of affidavit enclosed in the petition was filed by the Regional Manager of APSRTC at Kadapa but not the then Managing Director, who received the papers and said to have misplaced them, which is the only reason alleged in the petition. The OP was not disposed of ex parte, but disposed of on merits. The Insurance Company contested the matter. There is abnormal delay of 404 days in filing the petition and the reason assigned by the petitioner, in my view, is not a bona fide one. Therefore, I see no grounds to condone the delay of 404 days and accordingly the impugned order of the trial Court is justified. In the result, the Civil Revision Petition is dismissed. _______________ K.S.APPA RAO,J rkk Dated: 11-11-2011