ELANGO CIVIL REVISON PETITION No. 1115 of 2012 · Andhra Pradesh High Court

2.11.2005. On that, the petitioner-plaintiff filed the above application under Section 5 of the Limitation Act to condone the delay of 1255 days in filing the petition under Order 9 Rule 9 CPC to set aside the dismissal order dated 2.11.2005. The trial Court dismissed the said application. Challenging the same, the present revision is filed. Heard the learned Counsel for the petitioner and perused the material available on record. The reasons assigned by the petitioner-plaintiff are that during the pendency of the suit, she entrusted the responsibility of looking after the suit schedule property to her father-in-law and migrated to Visakhapatnam for labour work and the suit was dismissed for default on 2.11.2005 and she being an illiterate was not conscious to enquire her advocate and the advocate could not inform the same as the petitioner did not give the address of her migrated place and when she approached the advocate to get the suit restored, the defendants fraudulently convinced her husband for a compromise in the matter and as per the compromise, her husband paid Rs.10,000/- before the village elders but no receipt of payment was issued and therefore, delay occurred in filing the application to set aside the default order. Admittedly, the suit was filed in the year 2001 and it was dismissed for default on 2.11.2005 and the present application is filed in the year 2010. It is pertinent to note that the general rule of Limitation is based on the principle that the persons, who are vigilant and not the sleepy, are assisted by Law. However, if there is any sufficient cause, the delay can be condoned. But in the instant case, the reasons assigned by the petitioner-plaintiff for such abnormal delay are not satisfactory and convincing and the said reasons clearly indicate that she is not diligent in prosecuting the matter. Therefore, this Court is not inclined to interfere with the order under revision. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. Consequently, all the pending CRPMPs are closed. ____________________ JUSTICE RAJA ELANGO Dated: 29.3.2012 Nn THE HON’BLE SRI JUSTICE RAJA ELANGO CIVIL REVISON PETITION No.1115 OF 2012 Nn.

29.3.2012