THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.M.A. No.1063 of 2010 JUDGMENT: The appellant filed O.P.No.1275 of 2008 in the Court of the II Additional Chief Judge, City Civil Court, Hyderabad under Section 23 of the Societies Registration Act claiming certain reliefs against the respondent. The O.P. was posted for trial on 23.07.2010. On the ground that the appellant did not turn up, the trial Court dismissed the O.P. for default. The appellant filed I.A.No.2475 of 2010 under Order 9 Rule 9 C.P.C. with a prayer to set aside the order, dated 23.07.2010, and restore the O.P. to its file. The application was resisted by the respondent. The trial Court dismissed the I.A. through order, dated 09.11.2010. Hence, this appeal. Heard the learned counsel for the appellant and the learned counsel for the respondent. There was not much progress in the O.P. for quite some time. The trial of the suit commenced in July, 2010. The appellant was absent on that day. He states that when the case was called, he went outside to attend the nature calls. The trial Court took note of the absence of the appellant and dismissed the O.P. for default. The I.A. was filed immediately for restoration. It is not as if the appellant was persistently absent on various occasions and that he remained as a stumbling block for the progress of the O.P. The occasional absence cannot lead to denial of relief in its entirety. Hence, the appeal is allowed and the order under appeal is set aside. As a result, I.A.No.2475 of 2010 shall stand allowed and O.P.No.1275 of 2008 be restored to its file. The trial Court shall endeavour to dispose of the O.P. as early as possible and not later than four (4) months from the date of receipt of a copy of this judgment. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.25.04.2011. kdl