HONOURABLE SRI JUSTICE L. NARASIMHA REDDY Civil Miscellaneous Appeal No.642 of 2010 JUDGMENT: The appellant filed O.S.No.86 of 2009 in the Court of Chief Judge, City Civil Court, Hyderabad, against the respondents, for the relief of declaration that it is exclusively entitled to exploit the suit schedule films by way of manufacturing and marketing them through VHs, VCDs, DVDs etc., and for consequential reliefs. The suit, however, was dismissed for default, on 12.04.2010. The appellant filed I.A.No.1466 of 2010 under Order IX Rule 9 C.P.C., with a prayer to restore the suit to file. The application was opposed by the respondents. Through its order, dated 09.06.2010, the learned Chief Judge, dismissed the I.A. Hence, this C.M.A. Heard learned counsel for the appellant and learned counsel for the respondents. The proceedings indicate that the suit was filed in the year 2009 and hardly within one year it was dismissed for default. The application to restore the suit was filed within time. The trial Court was mostly impressed by the directions issued by this Court in C.M.A.Nos.426 and 582 of 2009 and the default on the part of the appellant to cooperate with the Court for early disposal. It may be true that this Court stipulated time for disposal of the suit, and there was some negligence on the part of the appellant. However, it is felt that the appellant deserves to be given an opportunity to proceed with the suit on merits. It was mentioned that the default was on account of factors beyond the control of the appellant. Hence, the C.M.A. is allowed and the order under appeal is set aside. Consequently, I.A.No.1466 of 2010 is allowed and the suit is restored to file. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J Dt:13.07.2011 GJ