THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1659 OF 2011 Dated:24-10-2014
Between:
Akula Krishna Murthy ... PETITIONER AND Avula Rammohan Rao and another .. RESPONDENTS THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1659 OF 2011 ORDER:
The petitioner filed O.S No.424 of 2006 in the Court of X Junior Civil Judge, City Civil Court, Hyderabad against the respondents for the relief of recovery of a sum of Rs.36,750/- on the strength of a promissory note. However, the suit was dismissed for default on 01-03-2007. The petitioner filed an application under Order IX Rule 9 CPC, with a prayer to set aside the order dated 01-03-2007. Since there was a delay of 1185 days in filing the application, the petitioner filed I.A No. 18 of 2011 under Section 5 of the Limitation Act. The trial Court dismissed the same through order dated 30-03-2011. Hence, this revision.
Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
The suit was dismissed for default almost within one year from the date on which it was presented. Assuming that the petitioner suffered serious illness and was hospitalised, that ground would hold good if only the dismissal was on account of the non-appearance of the petitioner. Once the petitioner is represented by a counsel, it was his obligation to ensure that the further steps in the suit take place. The trial Court has referred to the proceedings that have taken in the suit and found that the delay of more than three years was not explained at all. It was also observed that even after the petitioner is fully recovered from the ailment, the application was not filed for a period of nine months.
There are no merits in the C.R.P. It is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 24-10-2014 ks