THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.2523 of 2009 ORDER: This Civil Revision Petition is filed under Section 115 C.P.C against the order dated 13.02.2009 passed by the District Judge, Krishna at Machilipatnam in I.A.No.210 of 2008 in an unnumbered A.S. On dismissal of the suit filed for recovery of the amounts, the petitioner/plaintiff filed an appeal before the District Judge, Krishna along with the above Interlocutory Application to condone the delay of 28 days in preferring the said appeal stating that there was an error in calculation of time, which resulted in delay, and that the same was neither wilful nor default. The Court below dismissed the said I.A holding that the petitioner failed to establish sufficient cause for condoning the delay. Admittedly, in the instant case, the petitioner relied upon her Advocate in filing the appeal and therefore, there is no wilful default on her part and it is for the Advocate to calculate the period for filing such an appeal. It is well settled that for the mistakes committed by the Advocate or his clerk, the party cannot be made to suffer, since he/she entrusts the brief to the Advocate by reposing confidence on him. In view of the same, the impugned order is set aside and I.A.No.210 of 2008 is allowed condoning the delay subject to condition that the petitioner deposits Rs.1,000/- to the District Legal Services Authority, within a period of six weeks from today and that in the event the suit is decreed in favour of the petitioner, she is not entitled to interest on the amount decreed from 13.02.2009 on which date the I.A was filed till today. In the result, the Civil Revision Petition is allowed. There shall be no order as to costs. _____________________ A. GOPAL REDDY, J Date: 28.04.2011 va