HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P. No. 5556 of 2009 Order: Heard both sides. This C.R.P. is directed against the order dated 17.6.2009 in I.A. No. 281 of 2009 in O.S. S.R. No. 7888 of 2005 of the learned III Senior Civil Judge, Secunderabad. The petitioner is the plaintiff, who filed the suit for specific performance of an agreement of sale. The plaint was returned by the Court below with some objections including non-payment of proper Court fee. Since the petitioner was working in South Central Railways, he neither pursued the matter nor contacted his counsel and therefore he could not know about the returning of the plaint. However, when he came to know of the same very recently, he approached the Court below. As there is a delay of 1147 days in resubmitting the above O.S. S.R., he filed I.A. No. 281 of 2009 under Section 148 read with Section 151 of C.P.C. to enlarge the time for resubmitting the above O.S S.R. by condoning the delay. The Court below did not accept he reasons given in support of the application and dismissed the I.A. Hence, the present revision. Having heard the learned counsel and having perused the impugned order, it is seen that the suit filed by the petitioner is comprehensive in nature involving substantial rights of the petitioner over the property in question. Hence, the Court below ought not to have dismissed the petition for condonation of delay quite mechanically. In the circumstances, the revision petition is allowed and the impugned order is set aside. I.A. No. 281 of 2009 is also allowed. No costs. __________________ B. PRAKASH RAO,J Date: 10th March, 2011 pnb