HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 4819 of 2008 Date: 24-12-2010 Between: J. Madan Hanumanthu Sunil Kumar and others ……. Petitioners and M/s. Model Financial Corporation and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 4819 of 2008 ORDER: The petitioners herein filed this Revision Petition under Section 115 of C.P.C. assailing the order, dated 06-11-2007 passed in I.A.No.12 of 2007 in O.S.No.95 of 2000 on the file of the III Additional Chief Judge, Hyderabad, which was purportedly filed by the petitioners under Section 5 of the Limitation Act seeking condonation of the delay of 108 days in filing the application under Order 37 Rule 4 of C.P.C. The Court below did not find favour with the reason given in support of the said application and, by observing that the petitioners were aware of the proceedings in regard to the disposal of the revision on 31-07-2003, dismissed the application. Having heard the petitioners’ counsel and also on perusal of the material on record, it is seen that the application is only in the process of seeking indulgence for providing an opportunity. The Court below no doubt has taken note of the fact of disposal of the revision. However, there is no finding as such regarding the reason given in the application. Be that as it may. But, ultimately, the application is to provide an opportunity to the petitioners. In such a case, the Rules of procedure have to be bent in such a way that opportunity should be more provided rather than being denied. In view of the same, the impugned order is liable to be set aside. The Civil Revision Petition is, accordingly, allowed. The order dated 06-11-2007 passed in I.A.No.12 of 2007 is set aside and consequently I.A.No.12 of 2007 is allowed. No order as to costs. _________________ B. PRAKASH RAO, J Date: 24-12-2010 YCR