THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO C.R.P.NO.1508 OF 2011 ORDER:- This revision is filed against the order in I.A.No.340 of 2009 in O.S.No.425 of 2005 dismissing the application to condone the delay of 55 days in filing an application for restoration of the suit, which was dismissed for default on 28- 08-2008. The suit one was filed for partition of the properties and on 28-08-2008 when the matter was posted for trial, the petitioner could not attend the court due to ill-health and medical certificate was also filed. The above fact was disputed by the respondent and the lower court was not satisfied with the explanation and dismissed the application. Evidently, the suit is one relating to the rights in immovable property. There are no mala fides in getting the suit dismissed. The law is now fairly settled that when the rights of the parties are involved in immovable property, a liberal approach has to be taken by the court for condonation of delay. The medical certificate prima facie shows some sickness and ill-health of the petitioner. No serious scrutiny of the correctness of the same is required at this stage. So also the earlier failure, if any, also is not relevant. Therefore, in view of the above circumstances and in view of the fact that the delay is not abnormal or mala fide and the reason for non-appearance is sufficiently explained, the revision is allowed on payment of costs of Rs.500/- (Rupees Five Hundred only) to the other side and on such payment the lower court is directed to number the application for restoration of the suit and dispose it on merits expeditiously. Further, the lower court is directed to consider the objections, if any, with regard to restoration on merits. No costs. _______________________ N.R.L. NĀGESWARA RĀO,J 12-10-2011 TSNR