HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 647 of 2008 Date: 24-12-2010 Between: Syed Jumaluddin and another ……. Petitioner and S. Subbamma and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 647 of 2008 ORDER: Heard both sides and at their instance, the main Revision Petition itself is taken up for disposal. The petitioners filed this Revision petition under Article 227 of the Constitution of India, inter alia, seeking to assail the order, dated 04-02-2008 passed in I.A.No.6318 of 2007 in A.S.No.321 of 2005 on the file of the II Additional Chief Judge, City Civil Court, Hyderabad. The petitioners, who are the respondents in the Appeal pending before the Court below, sought to file objections. But, since there has been some delay in filing the objections, the present application in I.A.No.6318 of 2007 has been filed for condonation of the delay and the same was dismissed. Hence the Revision Petition. Having heard the counsel on either side and also on perusal of the material on record, it is seen that no doubt the petitioners were set ex parte and with the present application the delay in filing the objections is sought to be condoned and the Court below did not find favour with the reason given in support of the application. However, the fact remains that the matter got involved substantive rights of the parties and as far as the decree of the trial Court is concerned, when the main appeal is still pending consideration, an opportunity should have been provided to the petitioner to file objections against certain findings which are staring at them. Normally the Rules of procedure are to aid the parties, but not to punish them. Further since the appeal is only continuation of the proceedings on original side, the Court below also will have the opportunity to assess all the disputed questions in proper perspective rather than being denied any due consideration. In view of the same, the Court below was not right in dismissing the application and therefore, the impugned order is liable to be set aside. The Civil Revision Petition is, accordingly, allowed. The order, dated 04-02-2008 passed in I.A.No.6318 of 2007 is set aside and consequently I.A.N.6318 of 2007 is allowed. The Court below is directed to receive the objections from the petitioners and dispose of the appeal on merits in accordance with law after hearing both parties. No order as to costs. _________________ B. PRAKASH RAO, J Date: 24-12-2010 YCR