THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.5370 of 2011 DT.23.12.2011 Between: Sivarathri Ankamma Rao … Petitioner And A.Satyanarayana … Respondent Counsel for the Petitioner: Sri O.Manohar Reddy Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.5370 of 2011 O R D E R: The petitioner herein is the plaintiff, who filed the suit O.S.No.307/2004, on the file of the Principal Senior Civil Judge, Narasaraopet for recovery of a sum of Rs.1,00,000/- wherein it was dismissed for default. It is stated that after filing the written statement, the suit was posted on 6-2-2006 for framing issues. On that day, the petitioner/plaintiff could not attend as he stated to have fell sick due to fever and motions, and therefore, the suit was dismissed for default. It is stated that along with the petition under Order 9 Rule 9 seeking to set aide the dismissal order, the petitioner filed I.A.893 of 2006 seeking to condone the delay of 144 days in filing the petition. The said application filed in I.A.No.893 of 2006 was dismissed on the ground that the petitioner has not filed any medical certificate or prescriptions of the medicines in support of the said cause and no particulars about his illness is mentioned. I am of the opinion, that in such a nature of application to condone the delay of 144 days in filing the petition under Order 9 Rule 9 seeking to set aside the default order, the Court below ought to have been liberal in considering the delay at least on payment terms. Having regard to the facts and circumstances, the order dated 20-7- 2009 in I.A.No.893 of 2006 in O.S.No.307 of 2007 is set aside and the delay of 144 days in filing the petition under Order 9 Rule 9 of the Code of Civil Procedure is condoned subject to the condition of the petitioner/plaintiff herein pays costs of Rs.1,000/- (one thousand) to the counsel appearing for the respondent herein within two weeks from the date of receipt of a copy of this order, in default the C.R.P stands dismissed. The C.R.P is accordingly allowed. No costs. ______________ V. ESWARAIAH,J DATE: 23.12.2011 GRK THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.5370 of 2011 DATE: 23.12.2011 Grk