IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3576 OF 2010 Date:09.08.2011 Between:- Mandava Subba Rao .. Petitioner/petitioner And Chivukuri Narasimha Swamy .. Respondent/respondent ORDER: The Civil Revision Petition is directed against the order, dated 25.06.2010, in I.A.No.1092 of 2010 in O.S.No.309 of 2006 on the file of the Principal Junior Civil Judge, Ongole whereunder and whereby, the petition filed under Order IX Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) to set aside the default dismissal order, dated 22.03.2010, passed in I.A.No.513 of 2010, was dismissed. 2. It is the case of the petitioner that he filed recall and reopen petitions vide I.A.Nos.512 and 513 of 2010; that the same were allowed on payment of costs of Rs.100/- in each petition and for presence of P.W.1 in I.A.No.513 of 2010 on next date of adjournment; that the same were posted to 22.03.2010 for payment of costs and presence of P.W.1; that by mistake, the pleader’s clerk did not pay costs in I.A.No.512 of 2010 and paid costs in I.A.No.513 of 2010 only; that as the petitioner was ill, he could not attend the Court on that day; and therefore, I.A.No.513 of 2010 was dismissed for default. 3. Heard. 4. The petitioner herein filed O.S.No.309 of 2006 before the Court below for permanent injunction against the respondent. When the suit was posted for arguments, the petitioner filed recall and reopen petitions vide I.A.Nos.512 and 513 of 2010 and those petitions were allowed on payment of costs of Rs.100/- in each petition. In one petition, costs were paid and in another petition, costs were not paid. So, the petition was dismissed. Due to some inadvertent mistake, the costs have not been paid in one petition. Since it is the case of the petitioner that he is a cancer patient, one more opportunity can be given to him so that he can be recalled and documents can be received. Hence, the impugned order is liable to be set aside. 5. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 25.06.2010, in I.A.No.1092 of 2010 in O.S.No.309 of 2006 on the file of the Principal Junior Civil Judge, Ongole and the trial Court is directed to fix a short date for appearance of the petitioner for the purpose of re-examination for producing the documents. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 09th August, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3576 OF 2010 Date:09.08.2011 AMD