THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.2388 of 2009 ORDER: This Civil Revision Petition is directed against the order dated 06.03.2009 passed in I.A.No.1216 of 2007 in O.S. No.496 of 2002 on the file of the Principal Junior civil Judge, Miryalaguda, whereby and whereunder the learned Junior Civil Judge dismissed the application of the petitioner/plaintiff filed under Section 5 of the Limitation Act for filing a petition to set aside the order of dismissal of the suit. 2. Notice before admission came to be ordered on 12.06.2009. Despite notice being served on the respondent, he did not choose to enter appearance either in person or through a counsel. 3. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. 4. Learned counsel appearing for the petitioner submits that the petitioner could not file the petition to set aside the order of dismissal of the suit within the limitation period since the Advocate viz. Sri Manmadha Rao engaged by him shifted his practice in the month of March, 2007 from Miryalaguda to Hyderabad. 5. I have gone through the order impugned in the revision. The respondent did not dispute in the counter as to Sri Manmadha Rao, Advocate, who has been engaged by the petitioner, shifting practice from Miryalaguda to Hyderabad. In that view of the matter, the trial Court ought to have condoned the delay of 16 days in filing the petition under Order 9, Rule 9 CPC to set aside the order of dismissal of the suit. 6. Accordingly, this Civil Revision Petition is allowed at the admission stage and consequently I.A.No.1216 of 2007 stands allowed. The trial Court has to number the restoration petition and consider the same in accordance with law. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:05th August, 2009. cs