THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3806 of 2010 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 11-06-2009, passed in I.A.No.2618 of 2008 in an unnumbered O.S. on the file of the Principal Junior Civil Judge, Tirupati. The petitioner filed the suit in the year 1998 for recovery of a sum of Rs.38,525/- from the defendant basing on the promissory note. The petitioner also filed I.A.No.2618 of 2008 to condone the delay of 3589 days in re- presenting the plaint. In the said application, it is stated that the plaint was presented on 22-07-1998 with a prayer to grant time to pay deficit court fee and the court below accepted such request through the order in I.A.No.1439 of 1998. Again, some more time was sought for payment of deficit court fee by filing I.A.No.1681 of 1998 and finally the plaint was returned on 27-08-1998 by granting 20 days time for payment of deficit court fee. It is stated that as the suit bundle was misplaced while shifting of the house, the petitioner could not trace out the same immediately and as it was traced on 16-06-2008, on advise, she filed the present application to condone the delay of 3589 days in re-presenting the plaint. A counter was filed before the court below resisting the request made by the petitioner. The court below dismissed the said application observing that admittedly earlier I.A.No.1439 of 1998 filed by the petitioner to grant time for payment of deficit court fee was allowed granting 30 days time and again another I.A.No.1681 of 1998 for extension of time was also allowed granting 20 days time, but, the deficit court fee was not paid. Therefore, the plaint was returned on 27-08-1998. The petitioner has not properly explained the inordinate delay of 3589 days in re-presenting the plaint. The court below also observed that the application is filed under Section 151 CPC to condone the delay in re-presenting the plaint, but not to condone the delay in payment of court fee under Section 149 CPC. I am of the opinion that the provision of law applicable to condone the delay in re-presentation shall be only Section 5 of the Limitation Act, but not Section 148 CPC. Section 148 CPC stipulates enlargement of time not exceeding 30 days from expiry of time granted in the original order. In the instant case, the petitioner ought to have filed the said application under Section 5 of the Limitation Act explaining the delay. A perusal of the impugned order goes to show that the court below had rightly dismissed the said application, as the inordinate delay of 3589 days was not explained properly by showing sufficient cause and, therefore, I do not find any infirmity legal or otherwise in the impugned order, so as to call for interference by this Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ___________ 03-09-2010 Prv