IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 862 OF 2010 Between : Chwpueri Chandra Shekar …APPELLANT A N D Mohd. Mahamood Ali and another. …RESPONDENTS THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 862 of 2010 JUDGMENT : This Civil Miscellaneous Appeal under Order XLIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) is directed against the order dated 12.03.2010 in I.A.No.395 of 2009 in O.P.No.333 of 2005 on the file of the VI Additional District Judge (Fast Track Court) Nizamabad at Kamareddy, whereunder and whereby, the application filed under Order IX Rule 9 read with Section 151 CPC to set aside the dismissal order, dated 09.12.2009, was dismissed giving liberty to the appellant/petitioner to file fresh petition under Motor Vehicles Act, 1988 (for short, ‘M.V.Act’). 2. Heard both sides. 3. Learned counsel for the appellant/petitioner contended that the appellant could not attend the Court on 09.12.2009, as he was suffering with ailment and he went to hospital for taking treatment and so, proper explanation was given for his absence on that day when the Original Petition was dismissed for default and hence, he prays to set aside the impugned order. 4. On the other hand, learned counsel for the respondents contended that in spite of giving several opportunities, the appellant has not availed the same and therefore, the Tribunal rightly dismissed the Original Petition and hence he prays to dismiss the appeal. 5. The factual matrix is not in dispute. The Original Petition was filed by the appellant herein for claiming compensation of Rs.5,00,000/- on account of injuries and fractures sustained by him in a motor accident. On 09.12.2009 the matter was posted for trial. As the petitioner was absent, the Original Petition was dismissed for default. 6. A person is prevented by a sufficient reason or cause when the matter is called, then it can be a just ground to set aside the default order. The reason given by the appellant is that he went to hospital for taking treatment and therefore, he could not attend the court on that day. The absence of the appellant on 09.12.2009 is not shown to be wanton or willful. No negligence or inaction can be attributed on the part of the appellant for not attending the Court on 09.12.2009. As, proper explanation was given by the appellant for not attending the Court on 09.12.2009, the impugned order is liable to be set aside and is, accordingly, set aside. 7. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 12.03.2010 in I.A.No.395 of 2009 in O.P.No.333 of 2005 on the file of the VI Additional District Judge (Fast Track Court) Nizamabad at Kamareddy and remanding the matter to the Court below with a liberty to the appellant to produce necessary documents or evidence within a period of two months from the date of receipt of a copy of this order and thereafter another two months’ time shall be given to the respondents to adduce their evidence, if any and thereafter pass appropriate orders in accordance with law. There shall be no order as to costs. _______________ K.C. BHANU, J OCTOBER 10, 2011 YVL