THE HON’BLE SRI JUSTICE SAMBASIVA RAO NAIDU CIVIL REVISION PETITION No.4890 OF 2016

ORDER :

Being aggrieved by the Order dated 22.07.2015 in I.A.No.107 of 2011 in O.S.No.93 of 2007 on the file of Senior Civil Judge, Vikarabad, whereunder her application to condone the delay of (689) days in filing the petition to bring the legal representatives of 1st respondent/defendant No.1 was dismissed, the petitioner/plaintiff has filed this Civil Revision Petition under Article 227 of Constitution of India sought to set aside the Order and sought for condoning the delay in filing the petition on the following grounds:

The Court below failed to take into consideration the provisions of Order XXII Rule 10-A CPC which provides that the counsel appearing for any party on coming to know about the death of his party is under obligation to inform the Court about such death and give notice of the same to the opposite party and only upon such information the other side is expected to file appropriate application to bring the legal representative of the deceased party. But in the case on hand admittedly there was no such information by the other party.

2. But, the Court below wrongly on the assumption th