HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 153 OF 2011 JUDGMENT: This Civil Revision Petition has been filed aggrieved by the Order dated 22.12.2010 made in I.A.No. 2290 of 2010 in A.S.No. - of 2010 on the file of the District Judge, Guntur, Guntur District. Petitioner herein is the appellant in A.S, who preferred I.A 2290 of 2010 under Order 41 Rule 3-A of CPC and Section 5 of Limitation Act, seeking to condone the delay of 170 days in preferring the appeal. That application is dismissed holding that the petitioner failed to explain the exact delay in filing the appeal and also failed to establish that he was prevented by a sufficient cause, which is beyond the control of the petitioner. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the delay has been properly explained and the court below ought to have taken lenient view for condoning the delay in filing the appeal. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. The Court below should exercise the discretion on facts of each case so as to advance the cause of justice. As seen from the record, the grounds mentioned in the affidavit filed for seeking to condone the delay are that due to pressure of work, he has not contacted his advocate. In the month of March, 2010, again he received an information that his brother-in-law who is residing at Rajasthan passed away and as such, he went to Rajasthan again and after coming from Rajasthan, he contacted his advocate on 22.4.2010 applied for CC of decree and judgment and obtained the same on 30.4.2010 and therefore delay occurred. Sufficient cause has been shown by the petitioner and that is sufficient to condone the delay and not length of delay. Be that as it may, the right of appeal is a statutory right and it cannot be denied. The Court below ought to have allowed the I.A since opportunity of filing of an appeal cannot be denied in the given facts and circumstances of the case. None appears for the respondents. In the circumstances, the Civil Revision Petition is allowed and the impugned order dated 22.12.2010 passed by the Court below in I.A.No. 2290 of 2010 is set- aside on payment of costs of Rs. 1,000/- (Rupees One Thousand Only) to the respondent. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 04.03.2011 KA