THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.590 OF 2011 DATED 24TH OCTOBER, 2011 BETWEEN P.Mallanna …Petitioners And P.Sangappa and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.590 OF 2011 O R D E R O.S.No.2 of 2001, a suit filed for partition, was dismissed for default by the learned I Additional District Judge, Medak at Sangareddy, by order dated 29.08.2006. The plaintiffs filed I.A.No.643 of 2010 therein for condonation of delay of 1348 days in seeking restoration of the suit. By order dated 14.12.2010, the trial Court dismissed the said application. Hence, this revision petition by the plaintiffs. Perusal of the order passed by the trial Court reflects that the plaintiffs produced medical certificates in support of their plea that the first plaintiff was suffering from an ailment which required him to undergo bed rest for a long period of time. Basing on these certificates, the trial Court found that 1095 days out of the total 1348 days could be explained generally but there was no explanation forthcoming for the remaining 253 days, amounting to more than 8 months. Further, the Doctor who issued the medical certificates was examined and stated to the effect that the first plaintiff was not bedridden but used to come to the Clinic in his car for treatment. Taking into account the aforestated circumstances and also the fact that the suit in question was filed for partition, meaning that it would be open to the plaintiffs to file a suit afresh for the same relief, the trial Court dismissed the application. On the given facts, this Court finds no lacuna in the reasoning of the trial Court while exercising discretion under Order IX, Rule 9 CPC. However, as pointed out by the trial Court itself, it would be open to the petitioners to once again sue for the same relief and as the suit was for partition and separate possession arising out of joint possession, only a fixed Court fee would be payable thereon. The learned counsel appearing for the petitioners/plaintiffs undertakes that his clients would get on with the mater without protracting the same any further and would complete their evidence within a month. In view of this submission, this Court is inclined to take a lenient view of the matter by putting the petitioners/plaintiffs on costs. The Civil Revision Petition is accordingly allowed condoning the delay of 1348 days in the filing of the petition to set aside the ex parte decree in the suit. The trial Court shall restore the matter to the file. The petitioners/plaintiffs shall proceed with the matter without further delay and abide by the undertaking offered to this Court. The petitioners/plaintiffs shall pay costs of Rs.1,500/- to respondents 1 to 3 herein. ____________________ SANJAY KUMAR, J. 24TH OCTOBER, 2011. PGS/VGSR