THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.3666 OF 2009 O R D E R Heard both the counsel. 2. This revision is filed against the order dated 20.02.2009 passed by the court of Senior Civil Judge, Nizamabad in I.A.No.383 of 2006 in O.S.No.65 of 2001. 3. The suit is filed for recovery of the amount pertaining to a chit transaction. On 3.2.2006 the case was posted for cross-examination of P.W.1 and as on that day he was not present, the suit was dismissed for non- prosecution. The petitioner filed petition to set aside the order dated 3.2.2006 and to restore the suit to file. As there was delay on 8 days in filing the said petition under Order 9 Rule 9 C.P.C., he filed the present I.A. under Section 5 of the Limitation Act to condone the delay. By the impugned order, the court below dismissed the petition. Challenging the same, the present revision is filed. 4. The case of the petitioner is that as he was on leave due to illhealth, he cold not attend the office work and also could not instruct his counsel to file the restoration petition in time and, therefore, delay of eight days has occurred and for this reason, he sought to condone the delay. The respondents did not file any counter. The court below by the impugned order, dismissed the petition. Challenging the same, present revision is filed. 5. In my considered view, having regard to the explanation offered by the petitioner, the court below ought to have condoned the delay. Hence, in order to substantial , I pass the order as under: “The impugned order is set aside and the delay of eight days in filing the petition to set aside the order dated 3.2.2006 dismissing the suit for default, is condoned subject to payment of costs of Rs.500/- (Rupees five hundred only) to the respondent within a period of two weeks from the date of receipt of a copy of this order. The revision is accordingly allowed.” AVS ------------------------------- 27—01—2010