THE HON’BLE SRI JUSTICE K.G. SHANKAR C.R.P.No.5059 of 2006 Date: 20.12.2010 Between: Cheminova Inida Limited … Petitioner AND Seelam Siva Nagi Reddy .. Respondent THE HON’BLE SRI JUSTICE K.G. SHANKAR C.R.P. No.5059 of 2006 ORDER: There is no representation for the respondent. This revision is disposed of without hearing the respondent. The petitioner is the plaintiff. The suit was for recovery of money on the foot of equitable mortgage. The plaintiff is a company. As there was no representation on 20.09.200 before the trial Court, the learned trial Judge dismissed the suit for default. The plaintiff later laid a petition to set aside the default order through a petition under Order 9 Rule 9 C.P.C. As there was delay of 93 days in filing the petition under Order 9 Rule 9 CPC, the plaintiff filed I.A.No.34 of 2006 to condone the delay. Through the impugned order, the learned trial Judge dismissed the petition. Hence, this revision. Smt. V. Hima Bindu, learned counsel for the plaintiff pointed out that there was no slackness on the part of the plaintiff in not appearing before the Court on 20.09.2005. She further contended that the delay was on account of lack of communication between the plaintiff and the counsel on one hand and on account of the misplacement of the record by the counsel for the plaintiff on the other hand. Where the delay was 93 days and where the delay was occasioned on account of the misplacement of the record by the counsel for the plaintiff, I consider that the delay has to be condoned. Accordingly, the Civil Revision Petition is allowed. The delay in filing a petition under Order 9 Rule 9 C.P.C. by the plaintiff/petitioner herein is condoned. The trial Judge shall check and number the application under Order 9 Rule 9 C.P.C. if in order and dispose of the same on merits. No costs. ________________ K.G. SHANKAR, J Date: 20.12.2010 Isn