THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5753 OF 2009 ORDER: The petitioner-plaintiff filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 03.03.2009 in I.A.No.1184 of 2008 in O.S.No.49 of 2007 on the file of the VIII Additional District Judge (FTC), Guntur, in rejecting the application filed under Order I Rule 10 and Section 151 of the Code of Civil Procedure, 1908, seeking to amend the plaint, plaint Schedule and all the interlocutory applications consequently. The suit is one for specific performance. Apparently, since the petitioner was neither present nor represented by any counsel, the said application was dismissed with the following observation. “Both called absent. No representations made. The petition is dismissed.” Hence, the revision. Learned counsel for the petitioner submitted that since substantial questions are involved affecting the substantial rights of the parties, necessarily, such applications have to be disposed of on merits. However, when the matter was posted, no doubt the petitioner has not come out with any reason as such either in the affidavit filed in support of the application or even in the Memorandum of Grounds of framed in C.R.P.No.5753 of 2009. Further, it has been pointed out across the bar that the matter was dismissed on the very first day of its posting and that too, at Call Work itself. It was neither passed over nor called again. Be that as it may, having regard to the fact that the matter was dismissal for default but not on merits and since larger questions are involved affecting substantive properties of the parties, as they claim, it is felt desirable that the matter requires re-enquiry. Accordingly, the Civil Revision Petition is allowed and the order dated 03.03.2009 is set aside. The matter is remitted back to the Court for fresh consideration and disposal in accordance with law, after giving notice and opportunity to both the sides. No costs. _________________ (B.PRAKASH RAO, J) 30th September 2010 RRB