HONOURABLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO:160 of 2010 ORDER: This revision petition is directed against the order dated 17/07/2009 of the learned Principal Junior Civil Judge, Markapur, rejecting I.A.No.1200 of 2008 in O.S.No.440 of 2002. The suit was filed by the revision petitioner for recovery of the suit amount under a chit transaction. The first respondent is the principal borrower and the respondents 2 to 4 herein arrayed are the guarantors. The chief-affidavit of P.W.1 under Order XVIII Rule 14 CPC was filed on 09/03/2007 in the suit and the matter was posted for cross-examination of P.W.1 by the Advocate of the first defendant on 13/04/2007. On the said date, plaintiff’s representative/ P.W.1 was absent and there was no representation on behalf of the plaintiff either. The suit was accordingly dismissed for default on 13/04/2007. On 21/07/2008, an application was filed in I.A.No.1200 of 2008 under Section 5 of the Limitation Act seeking condonation of a delay of 435 days in filing a petition under Order IX Rule 9 CPC for setting aside the dismissal of the suit for default. It was pleaded in the accompanying affidavit that on 13/04/2007, P.W.1 was on leave and therefore, could not attend the Court; the counsel was engaged in the Senior Civil Judge’s Court, Markapur and could not represent in the matter. It was additionally pleaded that the case bundle was misplaced and after dismissal of the suit, when the bundle was located, the plaintiff was informed and the petitioner has now filed an application under Order IX Rule 9 along with I.A.No.1200 of 2008 for condonation of delay. The Court below by the order impugned order rejected I.A.No.1200 of 2008 on the ground that no adequate reasons are adduced for condonation of delay. In the considered view of this Court, the learned Principal Junior Civil Judge, Markapur, ought to have allowed the application on terms instead of being unduly harsh on account of inadequate reasons pleaded in the affidavit accompanying I.A.No.1200 of 2008. On the above analysis, the Civil Revision Petition is allowed. The order dated 17/07/2009 in I.A.No.1200 of 2008 in O.S.No.440 of 2002 is set aside and I.A.No.1200 of 2008 is allowed, on condition that the petitioner pays Rs.1,500/- to the sole respondent herein within a period of two weeks from today by an account payee cheque. On producing receipt of such payment and filing the same before the Court below, the Court below shall take up the application under Order IX Rule 9 CPC for recalling the order dated 13/04/2007, dismissing the suit for default. In default of compliance with the condition of payment stipulated herein, the revision petition stands dismissed. There shall be no order as to costs. __________________ GODA RAGHURAM, J 18th June, 2010 SKM