THE HONOURABLE SRI JUSTICE A.GOPAL REDDY
C.R.P.No.2242 of 2010
Date of Order: 25-06-2010 Between:
Choppala Bharat Kumar ..Petitioner and Choppala Aparanji ..Respondent The Court made the following Order:
THE HONOURABLE SRI JUSTICE A.GOPAL REDDY
C.R.P.No.2242 of 2010
Oral order:
This revision by the petitioner, who is none other than the son of the respondent—mother, under Article 227 of the Constitution is directed against the order of the I Additional Senior Civil Judge, Rajahmundry in allowing I.A.No.926 of 2009 filed under Order IX Rule 9 r/w Section 151 CPC to restore the suit—O.S.No.152 of 2008 dismissed for default on 14-07-2009.
The respondent/plaintiff filed the above suit seeking cancellation of the Gift Settlement Deed dated 11-02-2008 alleging that the petitioner/defendant obtained the same by playing fraud and cheating, and for a consequential relief of injunction. The petitioner/defendant contested the suit and the said matter was posted for evidence of the plaintiff, who is aged about 68 years.
The learned trial Judge by order dated 14-07-2009 dismissed the suit for non-filing of the chief affidavit of the petitioner/plaintiff. On the very next day i.e. on 15-07-2009 the plaintiff filed the above I.A. stating that due to old age she is suffering from B.P., Diabetics etc. and could not attend the Court on the said date. Hence, the suit is to be restored. The respondent/defendant contested the same contending that the petition is filed with inordinate delay and endorsement of receiving the notice on 15-07-2009 is not correct.
The lower court after satisfying the medical certificate produced by the plaintiff and the fact that the suit was dismissed on the first day of posting the matter for trial allowed the petition on payment of costs of Rs.400/- and subject to filing of the evidence of the plaintiff on the next date of hearing.
The discretion exercised by the lower court do not suffer from any manifest illegality warranting correction at the hands of this court.
The C.R.P. is accordingly dismissed at the admission stage.
A.GOPAL REDDY, J.
25-06-2010 Murthy