IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3799 of 2006 Between: Aresenapalli Kalavathi and others ..... PETITIONER(S) AND Arsenapalli Laxmi and others .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.3799 of 2006 ORDER: Petitioners, who are the applicants in the O.P., filed this revision under Section 115 of C.P.C. inter alia seeking to assail the correctness of the order of rejection dated 05.07.2006 passed in I.A.No.74 of 2002 in O.P.No.4 of 1997 by the Junior Civil Judge, Godavarikhani, purported to have been filed by them under Section 5 of the Limitation Act and Section 151 of C.P.C. with a prayer to condone the delay of 45 days in filing the petition for restoration of the original petition which was dismissed on 28.08.2001. Heard the learned counsel for the petitioners. Though served, none appeared for the respondents. Perused the material available on record. Admittedly, the O.P. was filed in the Court below seeking succession with regard to certain amounts they are entitled to as legal heirs and the said O.P. was dismissed for default on 28.08.2001 for their non-appearance. Hence, the present application has been filed by the petitioners with a prayer to condone the delay of 45 days in filing the petition for restoration of the original petition. The Court below did not find favour with the reasons given by the petitioners and dismissed the same. It is pertinent to note that the O.P. substantial rights are involved in respect of certain amounts and the parties are inter-related. Therefore, the parties could have been given an opportunity to contest the case rather than allowing the one-sided proceedings to become final. In the affidavit filed in support of the said application it has been stated that due to ill-health only the party was absent and there was also no due intimation by her counsel. There is nothing on record to disbelieve the reason given by the party. In the circumstances, the Civil Revision Petition is allowed setting aside the order dated 05.07.2006 passed in I.A.No.74 of 2002 in O.P.No.4 of 1997 on the file of the Junior Civil Judge, Godavarikhani. Consequently, the application filed with a prayer to condone the delay of 45 days in filing the petition for restoration of the original petition which was dismissed on 28.08.2001 is allowed and even the order dated 28.08.2001 dismissing the original petition is also set aside and the O.P.No.4 of 1997 is restored to its file. The Court below shall dispose of the O.P. itself after giving notice and opportunity to both sides on merits and in accordance with law. There shall be no order as to costs. ____________________ B.PRAKASH RAO, J 15th July, 2010 CVRK