THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.3949 of 2009 ORDER: The petitioner herein is the plaintiff, who filed the suit in O.S.No.102 of 2000 on the file of the Additional Senior Civil Judge, Tenali, for recovery of money basing on the promissory note. The learned Judge by order, dated 10-11-2004, returned the plaint directing the plaintiff to present the same before proper court. It is stated that the said returned plaint was presented before the Principal Senior Civil Judge, Guntur, on 17-11-2004 itself. It is stated that unnumbered I.A. (CFR No.19857 of 2004) was filed for condonation of delay of seven days in presenting the plaint. It is stated that when the said I.A. came up for hearing on 05-10-2005, the petitioner was called absent and as there was no representation, the application was rejected. Aggrieved thereby, the present Civil Revision Petition is filed. Learned counsel for the petitioner submits that there was no delay in presenting the plaint and there was no necessity in filing the I.A. for condonation of delay. I am not inclined to appreciate the said contention, as the said I.A. was dismissed for default of the petitioner, as he was called absent and as there was no representation. As the matter relates to presentation of the plaint in proper Court and whether there was a delay or not, is a matter to be decided by the learned Principal Senior Civil Judge, Guntur, who passed the impugned order, as it is only a default order. Having regard to the facts and circumstances of the case, the Civil Revision Petition is allowed setting aside the impugned order and the matter is remitted to the learned Principal Senior Civil Judge, Guntur, to reconsider the said I.A. and pass appropriate orders in accordance with law, after giving reasonable opportunity to both the parties. There shall be no order as to costs. __________ 15-07-2011 Prv