THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 1788 OF 2010 DT.16.12. 2011 Between: Mohammad Hussain … Petitioner And Thaharunnisa and others … Respondents Counsel for the Petitioner: M/s. R V Prasad Counsel for respondents: Sri M Seshatalpa Sai The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 1788 OF 2010 ORDER:-- This revision is filed questioning the order passed in I.A. No. 309 of 2008 in O.S. No. 99 of 2005 dated 9.12.2009 on the file of the Principal Junior Civil Judge, Bapatla, dismissing the application filed under Section 5 of the Limitation Act to condone the delay of 9 days in filing the set aside application. The petitioner herein is plaintiff. He filed a suit in O.S No. 99 of 2005 seeking a decree of specific performance of agreement of sale dated 29.12.1984 and the said suit was dismissed for default on 30.1.2008. Pursuant thereto, the petitioner filed an application in I.A. No. 310 of 2008 under Order 9 Rule 9 to set aside the dismissal order, with an application in I A No.309 of 2008 under Section 5 of Limitation Act to condone the delay of 9 days in filing the set aside application. The Court below dismissed the said applications by common order dated 9.12.2009 on the ground that the petitioner failed to comply with the conditional order dated 24.12.2007 directing him to adduce his evidence on 30.1.2008 failing which the suit will be dismissed and that neither the petitioner nor his counsel are present before the Court on 30.1.2008. As against the said common order dated 9.12.2009 insofar as dismissing the application to condone the delay in I A No. 309 of 2008 is concerned, the present revision petition is filed. The learned counsel for respondents submitted that the present revision is filed against the order passed in I A No. 309 of 2008 declining to condone the delay and even if the delay is condoned, the common order insofar as dismissing I.A No. 310 of 2008 will holds good, which order is not under challenge before this Court. Heard both sides and perused the material available on record. Admittedly this revision is filed against the order passed in I.A No. 309 of 2008 rejecting the application to condone the delay of 9 days in filing the set aside application and this Court is not inclined to express any opinion on the dismissal of the application to set aside the dismissal order dated 30.1.2008 in I.A. No. 310 of 2008. Having regard to the facts and circumstances of the case, this Court is of the opinion that the Court below ought to have liberally considered the aspect of condonation of delay of 9 days in filing the set aside petition, instead of dismissing the same. Accordingly, the revision is allowed and the common order dated 9.12.2009 insofar it relates to I.A. No.309 of 2008 dismissing the application to condone the delay is set aside. It is needless to mention that the interim order granted by this Court on 3.7.2010 stands vacated. _____________ V ESWARAIAH,J DATE:16 .12.2011 TVK THE HON'BLE MR JUSTICE V ESWARAIAH C.R.P. NO. 1788 OF 2010 DT.16.12. 2011