THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CIVIL REVISION PETITION No. 6483 OF 2005 O R D E R: The revision is filed against the order of the Principal Junior Civil Judge, Ramachandrapuram in I.A.(SR) No.10058 of 2005 in O.S.No.307 of 2003 in refusing to condone the delay in re-presenting the suit after it was returned. It appears that the suit was returned for presentation to the proper Court. There seems to be delay of 30 days for presentation of the plaint in the proper Court. On that application, the lower Court has dismissed the application holding that there is no such power. It is undisputable that the Court has got power to extend the time even after the expiry of the original period fixed by it. It will be useful to refer to a decision reported in Kishwari Begum and others V. Quadiri Begum and others[1]. Further, a reading of Section 148 of Civil Procedure Code and also the settled proposition of law is that the application should be made to the Court, which fixed the time alone. Therefore, the lower Court is directed to number the I.A.(SR) and number the suit and keep the question open to be determined after the appearance of the defendants as to whether the suit was properly instituted or not and whether it is in time or not. Accordingly, the Civil Revision Petition is allowed and the order of the lower Court is set aside. There shall be no order as to costs. ________________________ N.R.L.NAGESWARA RAO, J Date: 20-06-2011. INL [1] 1977 II AWR 117