HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P. No. 5157 of 2009 Order: The petitioner, who is the plaintiff filed this revision under Section 115 of the C.P.C. seeking to assail the order dated 16.3.2009 in I.A. No.1033 of 2009 in O.S. No.3912 of 2004 of the II Senior Civil Judge City Civil Court, Hyderabad, whereby and whereunder the learned Senior Civil Judge dismissed the application filed by the petitioner under Section 5 of the Limitation Act to condone the delay of 396 days in filing the restoration petition. Initially, the petitioner filed the suit seeking the relief of perpetual injunction and subsequently he amended the same for declaration. It appears, the said suit was dismissed for default. He also filed an application for setting aside the same. However, as there is a delay of 396 in days in filing the said I.A., he filed the aforementioned application seeking condonation of delay. The Court below, by the impugned order, dismissed the said I.A. Hence, the present revision. In view of the fact that substantial rights of the parties are involved and since the petitioner converted the relief of injunction into declaratory relief, the trial Court ought to have given an opportunity to the parties to adjudicate the matter on merits by condoning the delay. Under the circumstances, the revision petition is allowed and the impugned order is set aside. I.A. No. 1033 of 2009 is allowed. Further the other I.A. filed by the petitioner for setting aside the dismissal order date 8.6.2007 dismissing the suit for default is allowed on condition of the petitioner paying Rs.1,000/- (Rupees One thousand only) to the respondent. The revision petition is accordingly allowed. No costs. ________________ B. PRAKASH RAO,J Date: 10th March, 2011 pnb