THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No. 1423 OF 2010 ORDER: The petitioner herein is 19th defendant, filed the present revision under Article 227 of the Constitution of India, questioning the order dated 2.11.2009 in I.A No.791 of 2008 in O.S. No. 339 of 2007 passed by the VII Additional District Judge (FTC), Visakapatnam, allowing an application filed under Order IX Rule 9 of Civil Procedure Code to set aside the dismissal order dated 18.6.2008. The respondents 1 to 9 herein are plaintiffs, have filed a suit for partition and served notices on all the respondents therein. It is stated that on 18.6.2008 the matter was posted for supplying the documents to the advocates appearing for respondents and the documents could be served only on some advocates and could not be served on all the counsel appearing for respondents. The petitioner herein /19th defendant has not yet filed his written statement. While so, on 18.6.2008, since the first respondent was not present, the suit was dismissed for default. Thereafter, the first respondent filed the subject application in I.A No. 791 of 2008 to set aside the dismissal order dated 18.6.2008 and the Court below by the order under revision dated 2.11.2009 allowed the said application on payment of costs of Rs50/-. Questioning the said order, the present revision is filed by the 19th defendant on the ground that the suit was dismissed for default on 18.6.2008 and no notice was served on him and that the notice was served on his Advocate who made an endorsement on the Interlocutory Application that notice to be given to party personally. Heard the learned counsel for petitioner and perused the material available on record. Admittedly notice was served on the counsel appearing for the petitioner/19th defendant before the Court below and there cannot be any justification on the part of the said counsel in making an endorsement to serve copy of the notice on the party. Further the Court below in exercise of its discretion allowed the subject application on payment of costs of Rs.50/-. It is also pertinent to note that the suit is for partition, where parties stand on same and similar footing and preferably the matter needs to be disposed of on merits rather than on mere technicalities. For the foregoing reasons, the order of the Court below needs no interference by this Court and the revision petition fails and the same is hereby dismissed. No costs. _______________ V.ESWARAIAH,J DATE: 11.3.2011 Tvk THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No. 1423 OF 2010 Date: 11.3.2011