THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.4598 of 2003 ORDER: The petitioner filed O.S.No.35 of 1995 in the Court of the Senior Civil Judge, Vizianagaram against the respondent for recovery of certain amount. The suit was dismissed for default on 04.07.2000. She filed I.A.No.731 of 2000 under Order IX Rule 9 C.P.C. with a prayer to set aside the order, dated 04.07.2000, and restore the suit to file. It was pleaded that the petitioner was suffering from viral fever and she could not move out even to give instructions. The trial Court dismissed the I.A., through its order, dated 18.07.2003. Hence, this revision. Heard the learned counsel for the petitioner. The notice was directed to the respondents on more occasions than one, to the same address as furnished in the suit. However, the same did not fructify. This Court is of the view that, it is no longer necessary to wait, having regard to the limited nature of the disposal given to the revision. The trial Court observed that the petitioner did not file any medical certificate. However, it is difficult to disbelieve the version of the petitioner that she was suffering from viral fever. The record does not disclose that the disposal of the suit was delayed on account of the absence or non-cooperation on the part of the petitioner. This Court is of the view that she deserves to be given an opportunity, duly protecting the interest of the respondent. Hence, the civil revision petition is allowed and the order under revision is set aside. I.A.No.731 of 2000 is allowed, on condition that in the event of the suit being decreed, the petitioner shall not be entitled for interest, for the period between 04.07.2000 and today. The trial Court shall proceed further, only after putting the respondent on notice. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:27.08.2009 kdl