THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5054 of 2003 Dated: 08-06-2011 Between: Sri Saraswathi Grameena Bank, Kuntala Branch .. Petitioner And Pippera Rama Rao and another .. Respondents This Court made the following: THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5054 of 2003 ORDER: The revision is filed against the order in C.M.A.No.14 of 2002 on the file of the III Additional District Judge (Fast Track Court), Nirmal, which confirmed the order in I.A.No.436 of 1995 in O.S.No.190 of 1992 passed by the District Munsif, Nirmal dismissing the application to condone the delay of 302 days for filing of the restoration petition. The suit was filed for recovery of money to a tune of Rs.9,901-55 ps. and the suit is of the year 1992 and it was dismissed for default on 30.01.1995 and restoration application was filed after a period of 302 days. Evidently, in the present revision, the principal borrower was shown as the 1st respondent and the revision against him has been dismissed for non-prosecution for non-payment of batta and in view of the above circumstances, the Civil Revision Petition does not survive for consideration since the revision against the principal borrower has been dismissed. Furthermore, the suit is of the year 1992 and for a period of five years there was no interest shown by the bank for the disposal of the suit and even if the version of the counsel on record that he is suffering from fever is to be accepted during the relevant point of time, the silence for a period of nearly one year in not seeking for restoration of the suit, is not properly explained and, therefore, taking into consideration of the said facts also, I do not find that there are any justifiable or sufficient grounds to condone the delay and the order passed by the lower Court, as confirmed by the Appellate Court, does not call for any interference. Accordingly, the Civil Revision Petition is dismissed. No costs. ________________________ N.R.L. NAGESWARA RAO, J Date: 08-06-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 5054 of 2003 08-06-2011 MR