IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.NO.1031 OF 2007 13-12-2010 Between:- Gadala Devadas .. Petitioner And Yamala Sunitha Devi ..Respondent ORDER:- The Revision is filed against the order dated 11-09-2006 of the Principal Junior Civil Judge, Srikakulam in I.A.No.421 of 2006 in O.S.No. of 2006 rejecting the claim of the plaintiff to condone delay of 399 days in resubmitting the plaint after complying all the objections. According to the case of the petitioner, the Advocate has mixed the file with some other bundle and he could not represent the suit in time. The lower Court has taken a view that there was no application filed for extension of time for payment of the Court fees and therefore, the condonation cannot be granted. Evidently, when an application for condonation in representing the plaint is filed, it includes the condonation in payment of the Court fee even if it is subsequently paid. However, it is a matter, which can be raised by the defendant in the suit after appearance if at all there is any valid objection. Since the entire Court fee has been paid and other objections are complied with, I feel it is not just and reasonable for the lower Court to have rejected the plaint. Therefore, the application is allowed on payment of costs of Rs.250/- (Rupees two hundred and fifty only) to the District Legal Services Authority, Srikakulam within one month from the date of receipt of a copy of this order. On such payment, the suit shall be numbered, provided if it is otherwise in order. The Civil Revision Petition is disposed of accordingly. No costs. ________________________ N.R.L.NAGESWARA RAO ,J 13th December 2010 AMD