THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.3570 of 2007 Date: 18.11.2010 Between: Chakka Ayyapa Raju … Petitioner and Kankipati Suryanarayana … Respondent THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.3570 of 2007 ORDER : Heard learned counsel for the petitioner as well as learned counsel for the respondent. 2. This Civil Revision Petition is directed against the order, dated 11.6.2007, in I.A.No.676 of 2007 in unnumbered O.S. of 2006 (O.S.CR.No.4288 of 2006), passed by the Junior Civil Judge, Yalamanchili, Visakhapatnam District, in dismissing the application filed under Sections 148 and 151 of C.P.C., to condone the delay of 190 days in representing the return plaint and to receive the same. 3. The petitioner filed suit O.S.(CR).No.4288 of 2006 and the same was returned for compliance of certain objections on earlier occasions. Finally it was returned on 19.10.2006 to comply with three objections. The petitioner complied with the said objections and represented the plaint on 5.5.2007 and in that process there was a delay of 190 days in representing the plaint. The petitioner filed an application in I.A.No.676 of 2007 in a printed proforma to condone the delay 190 days in representing the returned plaint. Through the impugned order, dated 11.6.2007, the Court below dismissed the said application on the ground that there was no proper explanation for the delay of 190 days in representing the plaint. Hence the present civil revision petition. 4. Learned counsel for the respondent seriously objected for condonation of delay stating that absolutely no reasons are assigned to condone the delay. He contends that on earlier occasion also some other reason has been assigned and further that only a printed proforma was filed to condone the delay. 5. Having regard to the facts and circumstances, I am of the opinion that since the said delay was not abnormal, the Court below ought to have considered the application to condone the delay in representing the plaint very liberally. Further, the application is filed under Sections 148 and 151 of C.P.C., but not under Section 5 of the Limitation Act, in which event no strict compliance is required to be taken. 6. Accordingly, the civil revision petition is allowed, at the stage of admission, setting aside the impugned order, dated 11.6.2007, in I.A.No.676 of 2007 in unnumbered O.S. of 2006 (O.S.CR.No.4288 of 2006), passed by the Court below. There shall be no order as to costs. _________________________ JUSTICE V. ESWARAIAH 18.11.2010. Msr THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.3570 of 2007 18.11.2010 (Msr)