THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.397 OF 2010 DATED:08-12- 2010. Between Nareddy Bucha Reddy. … Petitioner And Ch.Sivarama Krishna Prasad and another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.397 OF 2010 JUDGMENT: This appeal is filed against the order, dated 17-11-2009, in I.A.No.2831 of 2009 in I.A.No.1779 of 2009 in MVOP No.2650 of 2008 on the file of the Chief Judge, City Civil Courts, Hyderabad, whereunder and whereby the petition filed under Order IX Rule 4 r/w Section 151 CPC to set aside the dismissal order, dated 25-08-2009 and consequently to restore IA 1779 of 2009 and O.P. to its original file, was dismissed on the ground that the affidavit of the party has not been filed. 2. Heard both the counsel. 3. Though there are laches on the part of the petitioner, but at the same time dismissing the application on the ground that affidavit of the party has not been filed cannot be sustainable. The person who filed the affidavit given explanation for not pursuing the matter. Accepting the said explanation, the trial Court ought to have allowed the application. Hence, the appeal has to be allowed. 4. Accordingly, the Civil Miscellaneous Appeal is allowed. No order as to costs. -------------------- K.C.BHANU, J DATED:08-12- 2010 Hsd