HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5031 of 2008 Date: 24-12-2010 Between: The Institute of Chartered Financial Analysts of India ……. Petitioner and CFA Institute (formerly known as Association for investment Management and Research (AIMR)), …….. Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5031 of 2008 ORDER: Heard both sides and at their instance, the main Revision Petition itself is taken up for disposal. The petitioner herein, who is the plaintiff, seeks to invoke the jurisdiction of this Court under Section 115 of C.P.C., inter alia, seeking to assail the dismissal order, dated 04-09-2008 passed I.A.No.52 of 2008 in I.A.S.R.No.1019 of 2008 in O.S.No.1423 of 1997 on the file of the Second Additional Rent Controller-cum-14th Junior Civil Judge, Hyderabad, which was filed under Section 5 of the Limitation Act seeking condonation of delay of 17 days in filing the review application against the judgment and decree, dated 29-03-2008. Having heard the counsel on either side and also on perusal of the material on record, it is seen that the delay is not such a long one and more so, having regard to the facts and circumstances, where the petitioner is complaining about the imposition of costs while dismissing the suit as withdrawn, and even on a reading of the contents of the affidavit filed in support of the review application, the Court below should have provided opportunity rather than denying the same. The Rules of procedure are to aid the parties, but not to punish them. Normally the endeavour should be to see that the orders are passed on merits after providing sufficient opportunity to both parties. In the circumstances, the Civil Revision Petition is allowed. The order, dated 04-09-2008 passed in I.A.No.52 of 2008 is set aside and consequently, I.A.No.52 of 2008 is allowed. The Court below is directed to take up the review application and dispose of the same on merits after giving due opportunity to both parties. No order as to costs. ________________ B. PRAKASH RAO, J Date: 24-12-2010 YCR