THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY C.M.A. No. 1056 of 2004 JUDGMENT The appeal is directed against the order, dated 12.11.2003 passed in I.A.No.146 of 2002 in M.V.O.P.No.436 of 1997 on the file of the II Additional District Judge, Vijayawada. For the sake of convenience, the parties herein are referred to as arrayed in the I.A. The appellant herein is the petitioner in the said I.A. The petitioner filed the O.P. for compensation. When the matter was listed for trial on 08.11.2001 before the learned II Additional District Judge, no representation was made either by the petitioner or on his behalf. Therefore, through order dated 08.11.2001, the trial Court dismissed the petition for default. Thereafter, the petitioner filed the I.A. with a prayer to set aside the said order, stating that due to ill-health he could not attend the Court on 08.11.2001 and Medical Practitioner advised him to take bed rest for one month. Not satisfied with that, the trial Court dismissed the said application. Aggrieved by the same the present appeal is preferred. Now, the points for consideration are, i) Whether the petitioner placed sufficient material in order to uphold his claim and accordingly he is entitled to the relief prayed for? ii) Whether the lower Court considered the matter properly and its order is sustainable? The petitioner filed medical certificate, in support of his contention that he was suffering from stomach-ache. Hardly, there was a delay of one month after the petition was dismissed for default. Having filed the petition for compensation, he would not have tried to drag on the matter any further deliberately. Therefore, I do not find any reason to disbelieve his claim. Hence, the appeal is liable to be allowed. However, he should have been diligent enough to see that some representation was made on his behalf, even under such circumstances. In the result, the appeal is allowed and the impugned order is set aside and consequently, I.A.No.146 of 2002 in M.V.O.P.No.436 of 1997 on the file of the II Additional District Judge, Vijayawada, is allowed, on condition to pay Rs.500/- (five hundred) to the respondents, within one month from the date of receipt of a copy of this order. ________________________ G. KRISHNA MOHAN REDDY, J Dated: 28.01.2011 TSK