THE HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.1236 of 2010 ORDER: The petitioner/defendant filed this revision under Section 115 C.P.C., aggrieved by the order dated 26.11.2009 passed in I.A.No.630 of 2009 in A.S.No.41 of 2006 on the file of the Senior Civil Judge, Ramachandrapuram, East Godavari District, whereby the application filed by the petitioner for condonation of delay of 47 days in seeking restoration of the appeal was dismissed. The petitioner/defendant, who suffered a decree in the suit filed by the respondent/plaintiff for recovery of lease amount for the year 1996-97, filed A.S.No.41 of 2006. On dismissal of the appeal for default, he filed I.A.No.630 of 2009 in A.S.No.41 of 2006 for condonation of delay of 47 days in filing the petition for restoration of the appeal, stating that he suffered with ill-health from 25.04.2009 to 05.07.2009, due to which, he could not appear when the appeal was taken up for hearing. To substantiate his plea, the petitioner examined himself as P.W.1 and marked Ex.A-1 medical certificate and he was successfully cross-examined by the respondent. The lower appellate Court, by impugned order, dismissed the I.A. holding that no doubt the petitioner deposed that he was bed ridden and suffered from ill-health from 25.04.2009 to 05.07.2009; that he did not get response from his counsel though made number of telephone calls and therefore, could not attend the Court on 29.04.2009 and that when he met his counsel on 07.07.2009 only he came to know about default order, however, in cross-examination he admitted that his two applications were allowed and the appeal was restored on payment of costs and added that he does not know that the appeal was restored on payment of costs and the appeal was posted to 29.04.2009. It was further held that when the petitioner used to attend to his counsel now and then, he must have known the result of the earlier petitions filed for restoration of the appeal. As seen from the record, the petitioner produced Ex.A-1 medical certificate to prove that he suffered from irregular fever, blood vomiting and anemia with hypoprolenemic. It is now well settled that the Court has to see whether the party has sufficient cause for not attending the Court even if the previous application for condonation of delay was dismissed. In view of the same, since the petitioner has sufficient cause of ill-health for not attending the Court, he ought to have been given an opportunity. In the facts and circumstances of the case, the Civil Revision Petition is allowed and the impugned order dated 26.11.209 passed in I.A.No.630 of 2009 in A.S.No.41 of 2006 is set aside subject to the condition of petitioner paying costs of Rs.1,000/- (Rupees one thousand only) to the District Legal Services Authority, Rajahmundry, and also paying unpaid costs, if any, in regard to the previous orders of the appellate Court, within a period of three weeks from the date of receipt of a copy of this order and on such payment, I.A.No.630 of 2009 and the petition filed for restoration of the appeal stand allowed and the appeal shall be restored to file. No costs. __________________ A.GOPAL REDDY, J 16th July, 2010 GHN