THE HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.4750 OF 2007 DT.17.06.2010 Between: Dr.A.Prabhath Kumar and another ……..Petitioners Vs. Murarishetti Jeedaiah and others. …………………..Respondents. O R D E R: Heard Sri C.Upendra, learned counsel for the petitioners and Sri V.M.Krishna Reddy, learned counsel appearing for the respondents. The revision petition arises out of the order passed in I.A.No.675 of 2006 in O.S.No.38 of 2005 dated 11.7.2007 on the file of Junior Civil Judge, Rmannapet, wherein and whereby the application filed by the petitioner under Order XXII, Rule 3 read with Section 5 of Limitation Act, seeking to condone the delay of 148 days in filing the application to set aside the abatement of the suit was dismissed on the ground that the petitioner has failed to establish any sufficient cause to condone the delay. The said suit, which was filed for declaration, has been contested by the respondents herein and several substantial questions of law are involved affecting the substantive rights of the parties. Normally, the said applications are being allowed, so that the parties may have an ample opportunity, including the legal representatives of the deceased and the court below instead of passing one sided judgment, could have passed the order on merits. In view of the above circumstances, the revision petition is allowed and consequently, I.A.No.675 of 2006 in O.S.No.38 of 2005 stands allowed. No order as to costs. __________________ B.PRAKASH RAO J., Dt.17.06.2010 tjs