THE HON'BLE MR JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.4224 of 2011 ORDER This revision is directed against the order of dismissal, dated 28.01.2011, passed by the learned III Additional Rent Controller, Hyderabad in I.A.No.307 of 2010 in R.C.No.90 of 2009 filed under Section 5 of Limitation Act, 1963, seeking to condone the delay of 53 days in filing a petition to restore the R.C to its original place. 2. The petitioner filed R.C.No.90 of 2009 against the respondent for eviction from the petition schedule property. Respondent filed counter therein and that the matter was posted for the evidence of the petitioner. At that stage, due to non- representation by the petitioner, the Court below dismissed the said R.C for default on 21.04.2010. He filed I.A.No.307 of 2010 for condonation of delay of 53 days in filing the restoration petition. The petitioner states that because of ill-health due to old age, he was unable to meet his counsel and as such, the delay of 53 days occurred in filing an application for restoration of R.C. By the order impugned, the Court below dismissed I.A.No.307 of 2010 on the ground that no sufficient cause is shown for condonation of delay. 3. Heard both sides. 4. In the affidavit filed in support of the application, the petitioner stated that when the matter was posted for his evidence, he suffered from illness due to old age and he could not file the restoration application within time. As per the material on record, the petitioner and the respondent are own brothers and the respondent filed O.S.No.2000 of 2008 on the file of the I Senior Civil Judge, City Civil Court, Hyderabad, for partition. The contention of the respondent is that as a counterblast to the said suit, the petitioner filed R.C.No.90 of 2009. Be that as it may, in view of the nature of the case and the delay is only 53 days and also taking into consideration the ill health of the petitioner due to old age, this Court is of the view that it would be appropriate to give an opportunity to him to contest the matter on merits. 5. Accordingly, the Civil Revision Petition is allowed, setting aside the order impugned. Consequently, I.A.No.307 of 2010 stands allowed, R.C.No.90 of 2009 is restored to file and the Court below is directed to dispose of the same in accordance with law. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:14.10.2011 sj