THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4061 of 2010 ORDER: The respondents filed O.S.No.16 of 2001 in the Court of Senior Civil Judge, Kandukur against the petitioner. The suit was decreed ex parte on 01.09.2005. The petitioner filed an application under Order IX Rule 13 C.P.C. with a prayer to set aside the ex parte decree. The application was returned by the Office of the trial Court with certain objections, granting seven days time to represent the same. Stating that the clerk of the counsel for the petitioner has fallen sick and ultimately died in January 2007 due to ailment, the petitioner represented the matter with a delay of 425 days. He filed I.A.No.1094 of 2007 with a prayer to condone the delay in representation. The application was opposed by the respondents. The trial Court dismissed the I.A. through order, dated 19.07.2010. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for respondents 1, 2 and 4. Learned counsel for the respondents has brought to the notice of this Court that the 3rd respondent died on 13.09.2006. This Court would have certainly insisted on the petitioner to bring the legal representatives of the 3rd respondent on record, but for the fact that the death took place during the pendency of the I.A. before the trial Court and much before the order in the I.A. was passed. The record discloses that all the respondents were represented by an Advocate, by name Subba Rao and obviously not being aware of the death of the 3rd respondent, he did not bring the same to the notice of the trial Court. Therefore, in case the delay deserves to be condoned, necessary steps can be taken thereafter. Normally, the Courts would be very liberal in condoning the delay in representation. The parameters that apply for condonation of delay in presentation are substantially different. Rights accrue to the parties with the expiry of time for presentation of an appeal or application. The delay in representation is a matter purely between the Court and the party, who presents the application. It is not in dispute that the clerk of the counsel for the petitioner in the trial Court, who was handling the matter, died due to ailment. The trial Court has referred to that fact also. The delay under these circumstances ought to have been condoned. Therefore, the civil revision petition is allowed and the order under revision is set aside. The delay in representation is condoned. Before the I.A. filed under Order 9 Rule 13 C.P.,C. is numbered, the petitioner shall be under obligation to bring the legal representatives of the 3rd respondent on record. There shall be o order as to costs. _________ 15.07.2011 Jsu THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.4061 of 2010 Date: 15.07.2011 JSU