THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.2299 OF 2009 ORDER: The petitioner-defendant filed this revision under Section 115 of the Code of Civil Procedure, 1908, inter alia, seeking to assail the correctness of the order dated 19.01.2009 passed in I.A.No.3052 of 2007 in AS.SR.No.20646 of 2007 on the file of the Chief Judge, City Civil Court, Hyderabad, in dismissing the petition filed under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 1553 days in filing the appeal filed against the dismissal of the suit filed for recovery of money based on a chit. It has been pointed that earlier, the suit was decreed ex parte and later, the ex parte order was set aside. Subsequently, after regular enquiry, the suit was dismissed. Thereafter, review application was filed and it is pending for quite some time. Later, due to mix up of the papers in the office, the file could not be traced and hence, the delay. The Court below did not accept the said reason and dismissed the application. Hence, the revision. Having heard on either side and on perusal of the material available on record, it is seen that the main appeal involve substantial questions especially in regard to the liability as such arising out of the chit transaction against the respondents. No doubt, there has been delay. However, the fact remains that there has been an attempt for review. In view of the same, it would suffice in the interest of justice to condone the delay subject to certain terms. Accordingly, the Civil Revision Petition is allowed and the order dated 19.01.2009 is set aside. I.A.No.3052 of 2007 is allowed subject to the petitioner depositing a sum of Rs.1,000/- {Rupees one thousand only} in the Court below within a period of four {4} weeks from today. On such deposit, the respondents are permitted to withdraw the same, without furnishing any security. No costs. _________________ (B.PRAKASH RAO, J) 4th March 2011 RRB