The High Court dismissed a civil revision petition filed against an order rejecting an application to condone a delay of 2729 days in filing a civil suit. The Court held that the lower court's refusal was based on a well-reasoned assessment of facts and circumstances. Accordingly, no interference was warranted.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TEN
PRESENT
THE HON'BLE MS JUSTICE G.ROHINI
CIVIL REVISION PETITION No. 112 OF 2007
Between: G.Ramalakshmi AND
..... PETITIONER
K.Ramanjamma
.....RESPONDENT
Counsel for the Petitioner: Counsel for the Respondent:
The Court made the following :
THE HON'BLE MS JUSTICE G.ROHINI
CIVIL REVISION PETITION No. 112 OF 2007
O R D E R :
This revision petition is filed against the order dated 26.06.2010 in C.F.No.5698 of 1998 on the file of the Court of the Principal Junior Civil Judge, Ananthapur thereby dismissing the petition to condone the delay of 2729 days in representing the plaint.
I have heard the learned counsel for the petitioner.
The material available on record shows that the suit is filed for recovery of money, allegedly due from the defendant. The Court below having taken into consideration the versions of both the plaintiff and the defendant, by a well-reasoned order, declined to condone the inordinate delay of 2729 days in representation. The order passed by the Court below, on application of mind to the facts and circumstances of the case, cannot be held to be erroneous on any ground whatsoever and therefore, the interference by this Court is not warranted. Accordingly, the Civil Revision Petition is dismissed. No costs.
_____________ Date: 19.03.2010 G. ROHINI, J.
Ivd
1 issue framed by the court
Whether the High Court should interfere with the Civil Judge's dismissal of an application to condone a delay of 2729 days in filing the plaint.
G.Ramalakshmi
K.Ramanjamma
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
