This civil revision petition is filed against the order dated 15.04.2011 passed by the VIII Additional District Judge, Nizamabad in I.A.No.746 of 2009 in O.S.No.39 of 2002.

2. I have heard Smt K.Sridevi, learned counsel appearing for the revision petitioner and Sri V.Manohar Rao, learned counsel appearing for the respondent.

3. The revision petitioner filed the suit before the learned trial Court for specific performance of the agreement to sell dated 27.07.1995 relating to immoveable property. As he failed to adduce evidence when the matter had come up for trial, the trial Court dismissed the suit for default on 07.11.2006 and the petitioner filed an application before the trial Court under Section 5 of the Limitation Act to condone the delay of 876 days in filing the petition to set aside the dismissal order dated 07.11.2006, whereby the suit was dismissed for default.

4. The petition was opposed by the defendant contending inter alia that the petitioner was not diligent in prosecuting the suit, there was willful negligence on his part, he was attending several places during the relevant period and he prosecuted some cases including habeas corpus petition filed seeki