THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.4001 OF 2010 ORDER: The petitioners filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the order dated 12.03.2008 in I.A.No.3730 of 2007 in an unnumbered A.S. of 2007 on the file of the District Judge, Guntur, in dismissing the said application filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay of 288 days in filing the appeal against the judgment dated 24.11.2006 in O.S.No.1307 of 2004 on the file of the Principal Junior Civil Judge, Guntur. The case of the petitioners is to the effect that in a suit filed by the first respondent for partition, they are defendants 3 and 4. They filed the present application on coming to know that the suit was decreed on 24.11.2006. Due to lack of information and knowledge, the petitioners could not file appeal within time and the delay of 288 days occurred in filing the appeal is neither willful nor wanton. The Court below did not find favour with the request made by the petitioners on the grounds that the allegations in the affidavit do not make out sufficient cause for condoning the delay and there is no material to show that their counsel has not informed them about the stage of the suit and its result. Further, the petitioners engaged a counsel in the trial Court and filed written statement. Hence, the Court below dismissed the present application opining that it cannot be said the petitioners have no knowledge about the Court proceedings, as there is no sufficient reason to explain the same. Considering the submissions made on either side and on perusal of the material available on record, it is seen that the lapse is on the part of the counsel for the petitioners. Due to the lapse on the part of the counsel, the parties should not be put to irreparable injury and loss. Since the right of appeal is a statutory right, it cannot be denied. Hence, it is felt desirable that an opportunity should be given to the petitioners but by imposing some costs. Accordingly, the Civil Revision Petition is allowed on deposit of costs of Rs.2,000/- {Rupees two thousand only} in the Court below. On such deposit, the first respondent-plaintiff is permitted to withdraw the same without furnishing any security. The order dated 12.03.2008 is set aside and consequently, I.A.No.3730 of 2007 is allowed. _____________________ (GHULAM MOHAMMED, J) 16th December 2010 RRB