THE HONOURABLE SRI JUSTICE V. ESWARAIAH C.R.P.No.4398 of 2010 ORDER The petitioner herein is the plaintiff. He filed O.S.No.657 of 2003 on the file of V Additional Senior Civil Judge (Fast Track Court), Visakhapatnam, against the respondent/defendant, for recovery of money based on the registered mortgage deed, dated 22.09.1999. The said suit was dismissed for default on 06.01.2006. The petitioner states that while he was in abroad, the suit was dismissed for default and therefore, he gave General Power of Attorney to his wife to file an application for restoration of the suit. Accordingly, she filed an application seeking to condone the delay of 166 days in filing the application for restoration of the suit, but the said application was returned and it could not be resubmitted. After coming to India, the petitioner filed I.A.No.589 of 2007 under Section 5 of the Limitation Act seeking to condone the delay of 479 days in filing the petition under Order IX Rule 9 CPC. The said application was also dismissed on 29.07.2010. Aggrieved by the same, the petitioner filed the present revision. 2. A perusal of the affidavit filed by the petitioner in support of the application to condone the delay shows that no particulars have been furnished as to when he left India, when he gave GPA to his wife and when he returned to India and what are the reasons for non-filing the application within the prescribed time. Therefore, I am of the opinion that only based on the averments made in the affidavit without any relevant particulars, it cannot be said that dismissal of the petition to condone the delay vide order impugned is illegal and arbitrary. Therefore, I do not see any merits in this revision. 3. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner is at liberty to file fresh application seeking to condone the delay with all the relevant particulars. No order as to costs. _______________ V. ESWARAIAH, J Date:20.01.2011 sj