THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.3499 of 2009 Date: 07.08.2009 Between: Dandangi Janikamma ….Petitioner Namala Satyanarayana ….Respondent Counsel for the petitioner: Mr.P.S.Krishna Prasad Counsel for the Respondent: Mr.D.Ramalinga Swamy, Caveator THE COURT MADE THE FOLLOWING: ORDER: This revision is filed under Section 115 of the Code of Civil Procedure assailing the correctness of the order, dated 01.06.2009, passed by the Junior Civil Judge, Alamuru in I.A.No.321 of 2007 in O.S.No.223 of 2004, whereby the application filed by the petitioner/proposed party as second plaintiff to condone the delay of 430 days in filing the L.R. Petition was dismissed. The plaintiff, who is the husband of the petitioner, filed the above suit for cancellation of sale deed, dated 25.05.2000, executed by him in favour of the respondent/defendant, alleging that the respondent obtained the said sale deed by playing fraud on him. The plaintiff died on 29.08.2005. As soon as the petitioner came to know about the pendency of the suit, she filed the above I.A stating that her husband executed an unregistered Will deed in favour of herself and her second son-Dandangi Rama Krishna bequeathing the plaint schedule property and that since herself and her son have become the legal heirs of the plaintiff, they can be added as plaintiffs 2 and 3 in the suit. The Court below dismissed the I.A on the ground that the plaintiff died on 29.08.2005 and the petition was filed on 04.04.2007 and that since the petitioner and her son are residing within two kilometers from the Court, there is nothing difficult for the petitioner to file L.R application within time after the death of her husband. Having regard to the fact that substantial rights of the parties are involved in the suit schedule property, and once the husband of the petitioner died executing a Will, the petitioner and her son cannot be non-suited on technicalities for not filing the application within time even though they are residing within two kilometers from the Court. In view of the same, I am of the opinion that the Court below failed to exercise its jurisdiction in advancing the substantial justice to the parties. Therefore, it is a fit case, where the delay has to be condoned on payment of costs. Accordingly, the Civil Revision Petition is allowed and the I.A filed for condoning the delay stands allowed subject to condition of the petitioner paying costs of Rs.500/- (Rupees five hundred only) to the respondent/defendant, within a period of three weeks from the date of receipt of a copy of this order. _____________________ A. GOPAL REDDY, J Date: 07.08.2009 va