IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.4622 of 2009 Between: Voruganti Venkateswarlu. … Petitioner And Bolla Srinivasa Reddy … Respondent This Court made the following: HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION No.4622 of 2009 ORDER:- This revision is directed against the order dated 20.07.2009 passed in I.A.No.748 of 2009 in A.S.No.41 of 2006 on the file of II Additional District Judge, Nalgonda at Suryapet, whereby and whereunder, the learned II Additional District Judge, dismissed the application filed by the petitioner/appellant under Order 41 Rule 19 read with Section 151 of the Civil Procedure Code, 1908. Notice before admission came to be ordered on 06.11.2009. Petitioner was permitted to take out personal notice to the respondents by registered post and file proof of service. Accordingly, the petitioner took out notice and filed proof of service vide USR.No.296 of 2010, which was served. Heard learned counsel appearing for the petitioner and perused the material available on record. Learned counsel appearing for the petitioner submits that the petitioner could not proceed with the appeal being A.S.No.41 of 2006, since he fell ill and the Advocate engaged by him was held up in another Court conducting some other matter, at the time when the matter was called. The petitioner is the appellant in A.S.No.41 of 2006. He filed the appeal assailing the judgment and decree dated 31.07.2006 passed in O.S.No.76 of 2003. When the appeal was coming up for hearing, there was no representation on his behalf and consequently, the appeal ended in dismissal for default. Thereupon the petitioner filed I.A.No.748 of 2009 under Order 41 Rule 19 read with Section 151 of the Civil Procedure Code to readmit the appeal. He filed his sworn affidavit in support of the application. Para 3 of the affidavit reads as here under:- “It is submitted that this Hon’ble Court posted the above appeal on 17.03.2009 for submitting arguments on my behalf. On that day I was unable to attend the Hon’ble Court due to ill health to me. On my enquiries I learnt that my Advocate was struck up in another court conducting his another matter at the time when this matter was called by the Hon’ble Court as such he could not attend before the Hon’ble Court when this matter was taken up by this Hon‘ble Court. In the given circumstances the Hon’ble Court was pleased to dismiss my appeal for default.” The II Additional District Judge dismissed the application on the ground that the petitioner has not filed medical certificate. The order passed by II Additional District Judge reads as under: “Heard. Docket of A.S. shows that there is no representation till 12.30 P.M. Petitioner has not filed medical certificate. In the absence of ground A.S. cannot be restored. Hence I.A. is dismissed” It is evident from the affidavit filed by the petitioner in support of I.A.No.748 of 2009, that the Advocate engaged by him was held up in some other court conducting some other case. In view of the facts and circumstances, the appellate court ought to have readmitted the appeal on certain conditions. In the result, this civil revision petition is allowed setting aside the order dated 20.07.2009 passed in I.A.No.748 of 2009 in A.S.No.41 of 2006 subject to the petitioner depositing Rs.2,000/- as costs within two weeks from today. The petitioner can deposit the costs either in the trial court or pay directly to the counsel appearing for the respondent/plaintiff. _________________________ B.SESHASAYANA REDDY, J 31ST March 2010 Lmv