THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No. 3259 OF 2010 Dated: 06-08-2010 Between: M/s. Shriram Chits Private Limited, Bobbili Branch, rep., by its Assistant General, Manager (Law), Himayatnagar, Hyderabad ... PETITIONER AND Bali Visweswara Rao and five others ... RESPONDENTS THE HON'BLE SRI JUSTICE G.V. SEETHAPATHY CIVIL REVISION PETITION No. 3259 OF 2010 ORDER: This civil revision petition is directed against the order dated 23-04-2010 in I.A No. 661 of 2007 in O.S No. 47 of 2006 on the file of the Senior Civil Judge, Bobbili, wherein the said application filed by the petitioner herein under Section 5 of the Limitation Act to condone the delay of 75 days in filing the application under Order IX Rule 9 CPC for setting aside the default dismissal order was dismissed. Heard the learned counsel for the petitioner. As seen from the impugned order, the application filed under Section 5 of the Limitation Act was dismissed mainly on the ground that the affidavit in support of the said application was furnished by the counsel appearing for the petitioner but not by the party himself. The learned counsel for the petitioner would submit that subsequent to the filing of the application, the affidavit of the party i.e., the Senior Manager of the plaintiff – company was also filed but the same was not taken into consideration by the trial Court. He would therefore request that an opportunity should be given to the plaintiff to file a fresh application supported by the affidavit of the plaintiff. In the circumstances, without going into the merits of the case, it is considered that an opportunity can be given to the petitioner – plaintiff to explain the delay in filing the application under Order IX Rule 9 CPC by filing a fresh application duly supported by the affidavit of the plaintiff. On such application being filed, the trial Court may dispose of the same on its own merits. The impugned order is therefore set aside with liberty to the petitioner as stated above. The civil revision petition is accordingly disposed of. G.V. SEETHAPATHY, J 06-08-2010 ks