THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1142 of 2009 JUDGMENT : 1. This appeal has been preferred challenging the order dated 10.08.2009 in I.A. No.748 of 2009 in I.A. No.74 of 2009 in A.S. No.27 of 2007 on the file of the VII Additional District Judge (Fast Track Court), Visakhapatnam, whereunder and whereby application filed under Order XLI Rule 19 and Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), to set aside the default dismissal order dated 24.4.2009 and restore I.A. No.74 of 2009, which was filed to restore the appeal dismissed for default, to file, was dismissed. 2. Heard both sides. 3. No doubt, four adjournments were granted to enable the counsel for the appellant herein in the lower court, to proceed with the arguments. But, the counsel did not avail the opportunities to argue the matter. Therefore, the court below rightly dismissed the matter for default. But, at the same time, some laches on the part of the counsel, cannot be attributed to the party, and for the mistake committed by the counsel, the party cannot be made to suffer. Therefore, one more opportunity can be given to the counsel to address arguments without fail, on the date so fixed by the court below. If, for any reason, he fails to argue the appeal on the date so fixed, the impugned order shall be given effect. 4. The Civil Miscellaneous Appeal is, accordingly, allowed. No costs. --------------------- 9.2.2011 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1142 of 2009 9.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 1142 of 2009 9.2.2011 Between: Degala Kondamma …Appellant And Jetty Surya Rao (died) & others …Respondents