THE HON’BLE SRI JUSTICE C.V. RAMULU C.R.P. No. 692 of 2010 O R D E R: This civil revision petition is filed aggrieved by order and decree passed in I.A. No. 628 of 2009 in L.R.A. No. 6 of 2003 on the file of learned I Additional District Judge, Nellore dated 29.9.2009. The only ground on which the Appellate Tribunal dismissed the application – I.A. No. 628 of 2009 – was that there was delay of 475 days in filing petition under Order 41 Rule 19 of CPC seeking to restore the appeal which was dismissed for default. I am of the opinion, in a case of this nature, where substantial rights of the parties are involved, the Tribunal should have been little generous and lenient in condoning the delay and ought not to have dismissed the I.A. only on the ground of delay in filing petition under Order 41 Rule 19 CPC. Under those circumstances, I deem it proper to set aside the impugned order and it is accordingly set aside and the I.A. 628 of 2009 is ordered. The Appellate Tribunal shall take up the appeal and dispose of the same on its own merits, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this Order, after hearing all the parties concerned. The C.R.P. is accordingly allowed. No order as to costs. JUSTICE C.V. RAMULU. Date: 20-10-2010. MVB.