IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD FRIDAY, THE FIFTH (5th) DAY OF AUGUST, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.399 of 2009 Between: S.Nageswar Rao …Appellant And: Namburi Jaganmohan Rao & another …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.M.A.No.399 of 2009 JUDGMENT: This appeal is directed against the order dated 24.11.2008 in IA No.1524 of 2008 in OP No.113 of 2005 on the file of the II Additional District Judge, Nalgonda, wherein the said application filed under Order 9 Rule 9 CPC seeking restoration of OP, was dismissed. 2. Heard both sides. Perused the record. 3. The appellant herein filed claim application seeking compensation. The matter was referred to Lok Adalath, but it was not settled and hence, it was posted to 08.07.2008 and from that day, it was posted to 01.08.2008. On that day as the appellant and his counsel were not present, the matter was adjourned to 08.08.2008 imposing costs of Rs.50/-. As the costs were not paid and as there was no representation, the matter was dismissed for default. On 25.08.2008, IA No.1524 of 2008 is filed for restoration of the OP. Learned Additional District Judge, dismissed the application observing that the conduct of the petitioner and his counsel showed that they have no interest in pursuing the matter and only trying to drag the matter. Learned counsel for the appellant would submit that the appellant is an illiterate, agricultural labourer and he entrusted the matter to the counsel and because of the absence of the counsel, the matter came to be dismissed for default and for the lapse if any on the part of the counsel, innocent claimant cannot be penalized. 4. In the circumstances, having regard to the fact that the claim application is filed under beneficial piece of legislation and the appellant is an illiterate villager, it is considered that an opportunity can be given to the appellant to dispose of the claim application on its own merits. The impugned order dismissing the application in IA No.1524 of 2008 is set aside and consequently, the said IA stands allowed and OP No.113 of 2005 stands restored to file. The District Judge is directed to dispose of the OP at an early date, on its own merits, having regard to the fact that it was of the year 2005. In the event of claim being allowed, the appellant is not entitled for interest from the date of dismissal of the OP and the date of its restoration. 5. In the result, the appeal is disposed of accordingly. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 05.08.2011 bss