THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY C.R.P.No.4917 of 2010 ORDER The petitioner filed O.S.No.333 of 2003 in the Court of Junior Civil Judge, Allagadda, for specific performance under an agreement of sale. The suit, however, was dismissed for default on 24.07.2007. He filed an application under Order IX Rule 7 CPC with a prayer to restore the suit. Since there was delay of 491 days, he filed I.A.No.336 of 2009 under Section 5 of the Limitation Act. It was pleaded that the petitioner is residing at Bellary, has fallen sick at the relevant point of time and that there was no mode of communication between himself and his advocate. The application was opposed by the respondent. Through its order, dated 06.09.2010, the trial Court dismissed the I.A. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The ground pleaded by the petitioner is that he is residing in the State of Karnataka and that he has fallen sick at the relevant point of time. It is not known as to whether the suit was dismissed for default on account of non-reporting instructions or due to the absence of the counsel for the petitioner also. Be that as it may, it is not in dispute that the petitioner is residing in the neighbouring State. The suit was pending before the trial Court almost for a period of four years, before it was dismissed. It is felt that the petitioner deserves to be given an opportunity subject certain conditions. The inconvenience caused to the respondent can be compensated by awarding heavy costs. Hence, the Civil Revision Petition is allowed, and the order under revision is set aside. I.A.No.336 of 2009 shall stand allowed on condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees five thousand only) as costs, to the respondent, within four weeks from today. In default, the revision shall stand dismissed. If the petitioner complies with the condition, the I.A. filed under Order IX Rule 7 CPC shall stand allowed and the suit shall be taken up for trial. There shall be no order as to costs. _____________________ L. NARASIMHA REDDY, J Date:13.12.2010 Note: Issue CC within one week (Bo) sj