Andhra Pradesh High Court - Amravati
Sri Arani Kandappa Maistry Choultry vs Varigonda Vijay Sankar on 27 February, 2020
Author: M.Venkata Ramana
Bench: M.Venkata Ramana
THE HON'BLE SRI JUSTICE M.VENKATA RAMANA
CIVIL REVISION PETITION No.520 of 2020
ORDER:
Heard Sri G.Ramana Rao, learned Standing Counsel for the Endowments.
2. It is an unfortunate case, where an Endowments Institution became an innocent victim, on account of vagaries of certain individuals, as can be culled out from the material. A simple money claim was presented in the Court below on behalf of this institution against the respondent. The office of the Court below had taken certain objections and the plaint was returned on 03.06.2015 and with an endorsement that objections earlier taken on 06.04.2015 were not complied. But the plaint was represented on 04.05.2019, nearly four years later and a request was made in the Court below, filing an application under Section 151 C.P.C. to condone said delay. Unfortunate part of this matter is that even at the time of representation in the year 2019, earlier objections pointed out by the office of the Court below concerned, were not complied with.
3. On such score, the Court below rejected the request of the petitioner and consequently, dismissed the petition. Another reason assigned in the order impugned is that an application under Section 148 C.P.C was not filed, while representing the plaint requesting for extension of time as well as to condone the delay.
4. Now, it is contended for the petitioner that the matter relates to an Endowments Institution and lenience should have been shown. Nonetheless, required diligence is not bestowed in 2 handling this matter and it appears the reason for the trial Judge to dismiss the application.
5. However, having regard to the nature of this matter relating to an institution and relating damage caused to the Choultry by the tenant, who is none other than defendant, it is desirable that delay of 1399 days in representing the plaint be condoned.
6. Since the order was passed by the Court below without issuing notice to the respondent and having regard to the nature of this petition, it is not necessary that notice be taken out to the respondent. Added to it, condonation of delay in representing a petition is a matter between the petitioner and the Court and the role of respondent cannot be invited at this stage.
7. In the result, the Civil Revision Petition is allowed condoning delay of 1393 days in representing the plaint in C.F.No.3112 of 2015 in O.S.No.Nil of 2019 on the file of the Court learned Principal Senior Civil Judge, Nellore, setting aside the order therein in I.A.No.250 of 2019, dated 05.08.2019. The Court below is directed to register the suit,if it is otherwise in order, within 15 days from the date of receipt of a copy of this order. If the plaint is not represented properly, the Court below is at liberty to reject the plaint itself. No costs.
8. Pending miscellaneous petitions, if any, shall stand closed.
_____________________ M.VENKATA RAMANA, J Date: 27.02.2020 Pab