IN THE HIGH Court OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD THURSDAY, THE SEVENTH (7TH) DAY OF APRIL, TWO THOUSAND AND ELEVEN Present: THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.5446 of 2002 Between: H N Ramanjaneyulu & others … Petitioners And: B Narayanappa (died) & others … Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY Civil Revision Petition No.5446 of 2002 ORDER: This revision is directed against the order dated 07.08.2002 in IA No.114 of 2001 in IA No.488 of 1997 in OS No.180 of 1996 on the file of the Senior Civil Judge, Hindupur, wherein, the said application for restoration of IA No.488 of 1997, was dismissed. 2. Heard the learned counsel for the petitioners. None appears for the respondents. Perused the record. 3. The petitioners herein filed suit for recovery of money against the defendants. The suit was dismissed for default on 20.10.1997 when it was at the stage of trial. The petitioners filed IA No.488 of 1997 for restoration of the suit. The said IA was also dismissed for default on 27.02.2001. The present application IA No.114 of 2001 is filed for restoration of IA No.488 of 1997 and the same was also dismissed by the trial Court on the ground that no sufficient cause was shown. 4. According to the petitioners, their counsel, who was looking after IA No.448 of 1997, fell sick due to serious heart- ailment and also back bone ailment, and did not attend the Court for several months and the petitioners were not informed of date of hearing and so they could not attend the Court on the date of hearing. The trial Court dismissed the application observing that the affidavit of the advocate has not been filed to show that he was suffering from ailment at the relevant period. 5. Having regard to the fact that the suit is filed for recovery of more than one lakh rupees and that the counsel for the petitioners was laid up with serious ailment at the relevant time and therefore, there was no communication to the petitioners, it is considered that an opportunity can be given to the petitioners to have the matter disposed of on merits. The order of dismissal of IA No.114 of 2001 is set aside and consequently, the said petition stands allowed and IA No.488 of 1997 stands restored. The trial Court shall dispose of IA No.488 of 1997 on its own merits, without in any way being influenced by any of the observations made herein. 6. In the result, the civil revision petition is disposed of accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 07.04.2011 bss