HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4178 OF 2010 Between: M.Sanyasi Rao … Petitioner And B.Santhayya … Respondent This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4178 OF 2010 ORDER:- This revision is directed against the orders of the Senior Civil Judge, Pithapuram, dismissing I.A.No.1098 of 2010 in O.S.No.58 of 2005, dated 30.07.2010 filed under Section 5 of the Limitation Act to condone the delay of 626 days in filing the petition to restore the suit, which was dismissed for default on 06.06.2007 The petitioner/plaintiff filed the suit under the foot of mortgage for passing a preliminary decree for a sum of Rs.1,51,312/-. When the suit is posted for trial, for his non-appearance, the suit was dismissed for default on 06.06.2007. Later he filed the impugned I.A., for condoning the delay of 626 days in filing the petition under Order IX Rule 9 CPC, stating that due to the ill health and high B.P., he could not attend the Court and could not proceed with the case. The suit was dismissed for default on 06.06.2007 and there is no willful negligence on his part in not attending the court. The petitioner got a good case to contest and an opportunity may be given to him to prove his case. Hence the delay of 626 days in filing the petition to restore the suit may be condoned. Except the above reasons, no other reasons were assigned for his not filing the application in time and the reasons stated above are for non-appearance of the petitioner on the date fixed for examination. Since no reasons were assigned and the reasons so explained hardly constitute any sufficient cause for condoning the delay, the discretion exercised by the trial court in dismissing the I.A., does not suffer from any illegality in exercise of the jurisdiction warranting interference by this court. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. __________________ A.GOPAL REDDY, J 24th September 2010 lmv