Jampa Appala Raju Vs Vardhineedi Satyavathi

The petitioner is the plaintiff who seeks to assail the orders, dated 1510-2008 dismissing the applications in I.A.Nos.841 and 839 of 2006 in O.S.No.638 of 2003 on the file of the Principal Junior Civil Judge, Narsapur, West Godavari District, which were filed to set aside the abatement and to bring the legal representatives on record, respectively.

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The suit is one for specific performance. Consequent upon the death of the second defendant, the present applications have been filed and the same were dismissed. Hence, the Revision Petitions.

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The objection raised on behalf of the respondents is that no application was filed under Section 5 of the Limitation Act seeking condonation of the delay in filing the application. In view of the same, without going into the merits of the case, it is suffice in the interest of justice to give an opportunity to the petitioner to file the said application.

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Hence, both the Civil Revision Petitions are allowed. The impugned orders, dated 15-10-2008 in I.A.Nos.841 and 836 are set aside and the matters are sent back to the lower Court for disposal on merits in accordance with law. The petitioner is at liberty to file appropriate application under Section 5 of the Limitation Act, which shall be taken up for consideration along with these applications and shall be disposed of on merits in accordance with law. No costs.

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B. PRAKASH RAO, J

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Date: 16-12-2010 YCR

Jampa Appala Raju v. Vardhineedi Satyavathi

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Jampa Appala Raju v. Vardhineedi Satyavathi

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