THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3280 OF 2007 ORDER: The petitioner-plaintiff filed this revision under Section 115 of the Code of Civil Procedure, 1908 {“CP” for brevity}, inter alia, seeking to assail the order dated 23.11.2006 in I.A.No.500 of 2004 in O.S.No.2857 of 1999 on the file of the II Additional Rent Controller-cum-XIV Junior Civil Judge, Hyderabad, in dismissing the petition filed seeking condonation of delay of 429 days in filing the petition under Order IX Rule 9 CPC, seeking to set aside the dismiss for default order dated 18.03.2003. The main ground raised on behalf of the petitioner is that due to lapse on the part of the recovery manager, the matter could not be proceeded and that the default is purely accidental and not intentional. Hence, the revision. Having considered the submissions made on either side and on perusal of the material available on record, it is seen that there is no dispute to the fact that there are certain lapses on the part of the petitioner herein in not properly proceeding with the matter. However, the blame is kept on the Clerk and there is no serious denial in that regard. In view of the same, there is nothing on record in denying the version put forth by the petitioner. However, having regard to the facts and circumstances and the suit being for recovery of money, it is felt desirable that an opportunity should be given to pursue the same, subject to certain terms. Accordingly, the Civil Revision Petition is allowed and the order dated 23.11.2006 is set aside. I.A.No.500 of 2004 is allowed subject to the petitioner depositing costs of Rs.500/- {Rupees five hundred only} in the Court below and on such deposit, the respondents are permitted to withdraw the same, without furnishing any security. No costs. _________________ (B.PRAKASH RAO, J) 10th December 2010 RRB