THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.397 of 2009 ORDER: Heard both sides and at their request, the revision itself is taken up for disposal. The petitioner, who is defendant No.1, filed this revision under Section 115 C.P.C, inter alia seeking to assail the order, dated 04.09.2008, passed in I.A.No.1386 of 2006 filed under Section 5 of Limitation Act seeking to condone the delay of 168 days in filing the application to set aside the order of dismissal for default, dated 27.02.2006, passed in O.S.No.903 of 2002. Learned counsel for the petitioner submits that even though the petitioner filed counter-affidavit to the said application, the same is treated that no counter affidavit is filed and the Court below passed the following order impugned: “Counter not filed. Reported no counter. Hence, petition is allowed”. From the above, it is apparent that the order under revision, which is assailed, is totally inconsistent. The fact that no counter affidavit is filed is also not correct. In view of the same, the matter requires consideration. Hence, the Civil Revision Petition is allowed, setting aside the order impugned and the matter is remitted to the lower Court for disposal, on merits, in accordance with law after hearing both sides. No costs. ___________________ B.PRAKASH RAO, J Date:24.12.2010. sj