THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3123 OF 2009 ORDER: The petitioner filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the correctness of the order dated 01.06.2009 in I.A.No.2003 of 2008 in AS.SR.No.11360 of 2008 on the file of the Chief Judge, City Civil Court, Hyderabad, in dismissing the petition filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 473 days in filing the appeal. The suit is filed for recovery of money. After it has been decreed, the present appeal has been filed. However, having regard to the fact that there is no proper communication, the petitioner could not proceed with the proceedings and hence, there has been delay. The Court below did not find favour with the reasoning given by the petitioner and dismissed the application. Hence, the revision. Having considered the submissions made and on perusal of the material available on record and having regard to the substantial grounds involved effecting the substantial rights of the parties, it is felt desirable that an opportunity should be given to the petitioner to contest the proceedings on merits rather than denying any such opportunity. Accordingly, the Civil Revision Petition is allowed and the order dated 01.06.2009 is set aside. Consequently, I.A.No.2003 of 2008 is allowed. No costs. _________________ (B.PRAKASH RAO, J) 4th March 2011 RRB