THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5850 of 2010 ORDER: The petitioner filed I.P.No.52 of 2003 in the Court of Principal Senior Civil Judge, Kurnool to declare him as insolvent. The I.P. was dismissed on 31.01.2006. Thereupon, the petitioner filed Appeal No.29 of 2006 in the Court of IV Additional District Judge, Kurnool. The appeal in turn was dismissed for default on 30.09.2008. Petitioner filed I.A.No.209 of 2008 under Order XLI Rule 19 C.P.C. with a prayer to set aside the order dated 30.09.2008 and to restore the appeal, to file. The I.A. was dismissed on 08.07.2010 for non prosecution. The same is challenged in this civil revision petition. Heard the learned counsel for the petitioner. Though the contested respondents are served with the notices, they have not chosen to enter appearance. The petitioner is pursuing the I.A. filed under Order XLI Rule 19 C.P.C. for restoration of Appeal No.29 of 2006. If the I.A. is also dismissed for default, the remedy is to once again file an identical application for restoration of I.A. There is some uncertainty as to the circumstances, under which, the order dated 08.07.2010 was passed by the lower appellate Court. On the one hand, it is observed that there is no representation for the petitioner and on the other hand it is stated that it is dismissed for non prosecution. This Court is of the view that the matter needs to be considered so that the uncertainty in this regard ceases to exist. Therefore, the civil revision petition is allowed. The docket order dated 08.07.2010 is set aside. The lower appellate Court shall consider the application in I.A.No.209 of 2008 on its own merits and pass appropriate orders. It there is no representation for the petitioner once again, it shall be open to it to dismiss the petition for default. There shall be no order as to costs. L.NARASIMHA REDDY,J Dt. 04.03.2011 Note: cc in one week b.o. lvl THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.5850 OF 2010 Dt. 04.03.2011