IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.3365 of 2009 Between: Md. Mahofanoz Zama … Petitioner And G. Ramesh Rao … Respondent Counsel for the Petitioner: Sri K. Rathanga Pani Reddy Counsel for the respondent: Sri J. Janakirami Reddy The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.3365 of 2009 ORDER: This civil revision petition arises out of order dated 19.03.2009 in I.A.No.1042 of 2008 in O.S.No.1455 of 2006 on the file of the learned Principal Junior Civil Judge, Kurnool (for short, “the lower Court”). The petitioner filed O.S.No.1455 of 2006 in the lower Court for recovery of money on the foot of a promissory note against the respondent. The suit was posted for trial to 22.01.2008 subject to payment of costs of Rs.30/- by the petitioner. As the petitioner failed to pay the said costs and be present in the Court, the suit was dismissed for default on 22.01.2008. The petitioner filed the abovementioned I.A. to condone the delay of 110 days in filing an application under Order IX Rule 9 of the Code of Civil Procedure, 1908 for restoration of the suit. In support of his application, the petitioner has filed an affidavit, wherein he has stated that as he was suffering from Chikun Gunia and viral fever, he was advised to take bed rest for two months and therefore he could not attend the Court on 22.01.2008. The said application was dismissed by the lower Court. I have perused the reasons contained in the order, on which the application was dismissed and I do not find any error in the finding of the lower Court that in the absence of the petitioner producing evidence in support of his plea of illness such as doctor’s certificate, the said plea cannot be accepted. However, the learned counsel for the petitioner pleaded that if the mistake committed by the petitioner is not excused, he will suffer huge loss and irreparable injury. Though, ordinarily, the applications for condonation of delay cannot be allowed on misplaced sympathies, this Court is of the opinion that the suit filed by the petitioner being one for the recovery of money, the lethargy or indiscretion on the part of the petitioner shall not cause serious loss to him. Therefore, having regard to the facts of this case, the revision petition is allowed, subject to the petitioner paying Rs.5,000/- to the respondent within a period of three weeks from today. The petitioner shall file proof of payment of the said sum in the lower Court within the said period. On filing such proof, the suit stands restored to file. Conversely, if the payment of costs is not made within the above stipulated time, the I.A. stands dismissed. __________________________ C.V.NAGARJUNA REDDY, J Date: 30.07.2010. ES