THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.3718/2009 Dt,22-10-2009 Kotha Veerabhadra Rao ..Petitioner V. 1. Samangi Srinu and another ..Respondents THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.3718/2009 ORAL ORDER The petitioner, who is claimant in OP No. 130/2006 filed seeking compensation for the injuries sustained in a motor accident, filed this revision petition against the orders of the IV Additional District Judge, East Godavari at Kakinada dt. 13-5-2009 in IA No.2507/2008, whereby learned Judge dismissed the petition filed for condonation of delay of 294 days in filing the petition under Order 9 Rule 9 CPC to set aside the default order dt. 12-12- 2007 in IA No.2704/2007 which was filed for setting aside the default order dt. 22-11-2007 made in OP No.130/2006. After issues were settled on 13-10-2006, OP was posted for enquiry and consistently, the petitioner reported not ready from 10-11-2006 to 19-1-2007. On 19-11-2007 when the petitioner was called absent, the matter was adjourned to 22-11-2007, on which date also, the petitioner was called absent and the suit was dismissed for default. To set-aside the default orders dt. 22-11-2007, the petitioner filed IA No.2704/2007 on 29-11-2007 and the said petition was allowed on 5-12-2007 on condition that the petitioner shall get ready with the trial and failure to lead evidence, the petition shall stand dismissed. Despite passing the conditional order, the petitioner failed to commence the trial and as the conditions were not complied with the petition stands dismissed. The trial court also found that the reasons mentioned in IA No.2704/2007 are virtually true, what prevented the petitioner to avail the opportunity of getting ready with the enquiry and comply the conditional order is not explained. Since the petitioner is claiming compensation for the injuries sustained by him, the impugned order passed by the IV Additional District Judge, East Godavari at Kakinada dt. 13-5-2009 dismissing IA No. No.2507/2008 is set-aside and consequently IA No. No.2507/2008 shall stand allowed on petitioner paying a sum of Rs.5000/- (Rs. Five thousand only) to the District Legal Services Authority, Kakinada on or before 6-11- 2009 and proceeding to lead evidence from 9-11-2009, on which date, the petitioner was directed to appear before the IV Additional District Judge, East Gadavari at Kakinada. In default, the revision petition shall stand dismissed. Further, it is made clear that the delay is condoned on petitioner not claiming interest from 22-11-2007 till 19-11-2009, on the compensation, if any, so awarded by the trial court. The Civil Revision Petition is accordingly allowed. ______________ A.GOPAL REDDY,J Dt.22-10-2009 kmr