THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.1147 OF 2009 DATED:22-10- 2010. Between M/s Ridhi Automobile Finance rep. by Its proprietor Sachin Kumar. …Appellant And 1.Ramesh Kumar Mittal and two others …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.1147 OF 2009 JUDGMENT: This appeal is filed aggrieved by the order, dated 31-08-2009, in I.A. No.143 of 2008, in O.S.No.899 of 2005, on the file of the XI Additional Senior Civil Judge, (FTC), City Civil Court, Hyderabad, whereunder and whereby the application filed under Order IX Rule 9 CPC to restore the suit by setting aside the dismissal order, dated 28-02-2008, was dismissed. 2. As seen from the record, the suit was dismissed for default on 28-02-2008. Thereafter, the application under Order IX Rule 9 CPC was filed to set aside the dismissal order. Article 122 of the Limitation Act, 1963 prescribes that the said application has to be filed within 30 days from the date of dismissal of the suit. Admittedly, the application was not filed within 30 days. Therefore, the trial Court rightly dismissed the application and there are no grounds to interfere with the same. 3. Accordingly, the Civil Miscellaneous Appeal is dismissed leaving open the remedies available to the petitioner under law. No order as to costs. ________________ K.C. BHANU, J DATED:22.10.2010 Hsd