HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.1924 of 2005 ORDER: This Civil Revision Petition is directed against the docket order dated 06.10.2004 in I.A.No.440 of 2002 in O.S.No.528 of 2000 on the file of the I Additional Junior Civil Judge, Visakhapatnam. The petitioner herein, who is the plaintiff, filed the aforementioned suit against the respondent-defendant for recovery of an amount of Rs.94,600/- basing on the promissory note dated 13.03.1997. After framing the issues, the suit was posted for trial to 13.03.2001; again to 27.03.2001 on payment of costs of Rs.50/-; thereafter it was posted to 03.04.2001 on further payment of costs of Rs.100/-; finally, on 13.04.2001, the petitioner was called absent; and even the costs of Rs.150/- were not paid, and, hence, the suit was dismissed for default. Thereafter, the present application was filed to condone the delay of 383 days and set aside the default order dated 13.04.2001 and permit the petitioner to proceed with the suit. The Court below dismissed the application stating that the reasons assigned by the petitioner that his advocate had shifted his residence to Hyderabad and that he was not aware of the date of posting of the matter were not supported by filing an affidavit. The petitioner was not diligent in pursuing his own suit and, therefore, the Court below was justified in dismissing the suit. Admittedly, there is any amount of lapses on the part of the petitioner in not prosecuting his own case. In spite of the fact that the matter was adjourned twice on payment of costs, the costs were not even paid. Hence, I do not see any sufficient reason or cause to condone the inordinate delay of 383 days. The Civil Revision Petition fails and is, accordingly, dismissed. No order as to costs. V. ESWARAIAH,J Date:21.04.2011 usd