THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.1043 of 2010 ORDER: This Civil Revision Petition is directed against the order, dated 03-12-2009, passed in I.A.No.1062 of 2007 in O.S.No.1083 of 2006 by the I Additional Junior Civil Judge, Tirupati, Chittoor District. The petitioner herein is the plaintiff, who filed I.A.No.1062 of 2007 in O.S.No.1083 of 2006 on the file of the I Additional Junior Civil Judge, Tirupati, Chittoor District, seeking to condone the delay of 12 days in filing the application to set aside the order, dated 02-05-2007, which was dismissed for default. The court below vide its order, dated 03-12-2009, dismissed the said application. Learned counsel appearing for the petitioner submits that the suit was posted on 02-05-2007 for trial. Due to oversight, the petitioner noted the date of hearing as 02-06-2007 instead of 02-05-2007. Therefore, due to mistake of noting down the date of adjournment, the petitioner could not proceed with the trial on 02-05-2007. The said reasoning given by the petitioner is not truthful because a perusal of the record discloses that the suit was posted for trial on 30-03-2007 and on 30-03-2007, the petitioner was called absent and, therefore, the matter was posted to 20-04-2007. On 20-04-2007, the petitioner was again called absent and there was no representation and, therefore, the matter was adjourned to 02-05-2007 for trial subject to payment of costs of Rs.25/-. On 02-05-2007, the petitioner was called absent and costs were not paid and, as such, the suit was dismissed for default on 02-05- 2007. Therefore, the court below dismissed the said application stating that the petitioner has not shown sufficient reasons explaining the delay of 12 days in filing the application to set aside the default order, dated 02-05-2007. As the suit was filed by the petitioner himself and the delay in filing the application to set aside the default order is only 12 days, having regard to the facts and circumstances of the case, I am of the opinion that it is just and proper to condone the delay of 12 days subject to the condition of the petitioner paying Rs.1,000/- costs to the counsel appearing for the respondent. Now, the learned counsel appearing for the petitioner paid costs of Rs.1,000/- to the counsel appearing for the respondent. Therefore, the Civil Revision Petition is allowed setting aside the order, dated 03-12-2009, passed in I.A.No.1062 of 2007. Consequently, I.A.No.1062 of 2007 stands allowed. ___________ 06-08-2010 Prv