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BANDARU SYAMSUNDER
Yerramneni Subba Mma – Appellant
Versus
Yerramneni Venkateswarlu – Respondent


Advocates Appeared:
For the Petitioner: Nimmagadda Satyanarayana.
For the Respondents: Siva Sankara Rao Borra.

ORDER :

1. This Civil Revision Petition is filed by the petitioner/plaintiff under Section 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned Principal Senior Civil Judge, Ongole, in I.A.No.491 of 2012 in O.S.No.185 of 2008, dated 13.11.2014, wherein and whereby the learned trial Judge dismissed the petition filed by the petitioner/plaintiff under Section 5 of Limitation Act seeking to condone the delay of 339 days in filing petition under Order IX Rule 9 of C.P.C.

2. The case of the petitioner in brief before the trial Court is that she filed suit against the respondents/defendants for Partition of plaint schedule properties into four equal shares and allot one such separate share to her. She submits that previously suit was referred to Lok Adalat but it was not settled and then sent back to the regular Court and called on 25.03.2011 for trial but due to ill-health and old age, she could not attend before the Court on that day and her counsel was engaged in some other Court due to that there was no representation on the date when suit was posted and then trial Court dismissed the suit for default. It is also the contention of the petitioner that he

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