G.K. Jayasree vs. R. Vani
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
18 Jul 2014
Order Text
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
Civil Revision Petition No.789 of 2011
ORDER:
The petitioner filed O.S.No.183 of 2008 against the respondent in the Court of III Senior Civil Judge, City Civil Court, Secunderabad, for recovery of possession of the suit schedule premises and arrears of rent. The suit was dismissed for default on 04.11.2009. Therefore, the petitioner filed an application under Order IX Rule 9 C.P.C., with a prayer to set aside the order of dismissal, dated 04.11.2009. Since there was delay of 80 days in filing the application, the petitioner filed I.A.No.445 of 2010, under Section 5 of the Limitation Act. She pleaded that she had to leave the country urgently to attend her daughter in United States of America (USA), and thereby, the petition could not be filed in time. The application was opposed by the respondent. The trial Court dismissed the I.A., through order, dated 22.10.2010. Hence, this revision.
Heard learned counsel for the petitioner and learned counsel for the respondent.
The delay involved is 80 days in filing the application to set aside the order of dismissal of suit for default. The reason stated by the petitioner is that at the relevant point of time, she had to leave USA to attend her daughter. Learned Senior Civil Judge took into account the fact that the issues were framed on 29.08.2009 and the petitioner did not commence the trial on 04.11.2009. It was not even mentioned that the petitioner defaulted on earlier occasions. This Court is satisfied with the explanation offered by the petitioner for the delay.
The C.R.P. is accordingly allowed and the order under revision is set aside. As a result, I.A.No.445 of 2010 shall stand allowed. To avoid further complications in the matter, it is directed that the order, dated 04.11.2009 is set aside and the suit is resorted to file. There shall be no order as to costs.
The miscellaneous petition filed in this C.R.P. shall also stand disposed of.
L.NARASIMHA REDDY, J.
____________________
Dated:18.07.2014
GJ
THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
Civil Revision Petition No.789 of 2011
Date:18.07.2014
GJ
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