THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVI L REVISION PETITION No.5921 of 2016

ORDER

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, is filed to revise the Order dt. 30.09.2016 in I.A.No.364 of 2015 in unnumbered Appeal Suit passed by III Additional District Judge, Tirupathi, dismissing an application filed under Order XLI Rule 3A of CPC to condone delay of 1130 days in preferring the appeal.

The petitioner/D.2 filed petition under Order XIL Rule 3A CPC to condone delay of 1130 days in filing appeal on the ground that he is not aware that the decree can be challenged by way of appeal within stipulated period and as he was unwell, he could not contact his counsel in time to give instructions or to proceed further in the matter. But, on receipt of Notice in I.A.No.135 of 2012, he approached the counsel, who inturn took necessary instructions to prepare Counter in the petition. Thus, there is delay in preferring an appeal and requested this Court to condone delay of 1130 days in filing the appeal.

The respondent/plaintiff filed Counter denying the material allegations inter alia contending that it is the duty of the petitioner to file appeal, if he