THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 6029 of 2010 DATE: 30-04-2011 Between: Chinni Lalithamma .. Petitioner And Kande Jamma, rep. by her GPA .. Respondent THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 6029 of 2010 ORDER: This Civil Revision Petition is filed against the order and decree dated 14.09.2010 in I.A.No.891 of 2009 in I.A. No.246 of 2009 in O.S.No.1726 of 2004, whereunder the lower Court has dismissed the application to condone the delay of 101 days in filing the restoration petition of I.A.No.246 of 2009. A decree in O.S.No.1726 of 2004 was obtained ex parte and to set aside that ex parte decree I.A.No.246 of 2009 was filed and the Court has ordered notice to the other side and posted to 16.04.2009. On that day, as the bata was not paid, the petition was dismissed. Thereafter, on coming to know about it, the present application is filed to condone the delay of 101 days for filing of the restoration of that application. The reasons given by the petitioner is that the advocate and the petitioner could not pay the bata and meanwhile the summer vacation has intervened and there was lack of communication and, therefore, there was a delay in filing the application for restoration. The learned counsel for the respondent strongly opposed the application saying that the petitioner has got knowledge and did not intentionally prosecute I.A.No.246 of 2009 as found by the lower Court and, therefore, the revision is to be dismissed. Evidently, by condonation of the delay in I.A.No.246 of 2009, the rights of the parties are not going to be finally decided. The non-payment of bata may be for several reasons and the blame cannot also be placed exclusively on the party. Therefore, taking into consideration the above circumstances, I feel that in the interest of justice the delay has to be condoned. Accordingly the Civil Revision Petition is allowed, and I.A.No.891 of 2009 is also allowed and the lower Court shall proceed with the restoration petition and shall decide I.A.No.246 of 2009. The lower Court shall dispose of all the applications within three months. No costs. ________________________ N.R.L.NAGESWARA RAO, J 30-04-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.No. 6029 of 2010 DATE: 30-04-2011 MR