THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITIONNO.1275 OF 2013 DATED 14TH NOVEMBER, 2014 Between:
Ganji Anji Reddy … Petitioner and Ganji Prameela … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.1275 OF 2013 O R D E R This Civil Revision Petition under Section 115 CPC arises out of the order dated 05.12.2012 passed by the learned Principal Senior Civil Judge, Warangal, in I.A.No.452 of 2011 in O.P.No.7 of 2010. The said I.A. was filed by the petitioner herein to condone the delay of 305 days in filing a petition under Order 9 Rule 9 CPC.
The O.P. was filed by the petitioner herein seeking dissolution of his marriage with the respondent. The said O.P. was dismissed on 14.07.2010 for non-payment of process. The petitioner did not come forward to file an application under Order 9 Rule 9 CPC for a period of 305 days and thereupon, sought condonation of that delay by citing the reason that he suffered from viral fever and was bedridden. However, he failed to produce any proof to substantiate this claim. The trial Court dismissed the I.A. taking note of the ratio laid down by this Court in CHARMINAR URBAN COOPERATIVE BANK LTD. V/s. STATE
[1]
BANK OF HYDERABAD, GUNFOUNDRY , which held to the effect
that absolute and apparent indiligence on the part of a party in approaching the Court with an application under Section 5 of the Limitation Act, 1963 should not be overlooked.
In that view of the matter, this Court finds no illegality in the order passed by the trial Court warranting interference in this revision. The revision is devoid of merit and is accordingly dismissed. Pending Miscellaneous Petitions shall also dismissed. No order as to costs.
SANJAY KUMAR, J 14TH NOVEMBER, 2014 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITIONNO.1275 OF 2013 DATED 14TH NOVEMBER, 2014
[1] 2008 (3) ALD 320 (DB)