THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.4682 OF 2004 DATED:20-09- 2010. Between United India Insurance Co., Ltd., Rep. by its Divisional Manager. … Appellant And Jaihind Cycle Stores …Respondent THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.4682 OF 2004 JUDGMENT: This Civil Miscellaneous Appeal is filed against the order, dated 28-10-2004, in I.A.No.1825 of 2004 in O.S. No.602 of 2001, on the file of the Principal Senior Civil Judge, R.R. District at NTR Nagar, Hyderabad, whereunder and whereby the application filed under Order IX Rule 9 CPC to set aside the order, dated 09-09-2004 dismissing the petition in I.A.No.791 of 2004 for default and to restore the same was dismissed. 2. Heard the learned standing counsel appearing for the appellant. Counsel for the respondent is absent in spite of service of notice. 3. As seen from the record, an ex parte order was passed. The appellant herein filed a petition to set aside the ex parte order with a delay condonation petition. While condoning the delay in filing a petition under Order IX Rule 13 CPC, the application was posted for hearing on 09-09-2004. As there was no representation, the application was dismissed for default. On the next day, a petition to set aside the dismissal order was filed and the matter was coming up for hearing from 09-09-2004. The reason given for the absence of the appellant is that while he was coming to the Court, due to mechanical trouble in the vehicle, he could not reach the court in time. Therefore, the trial Court ought to have given an opportunity to contest the interlocutory application filed under Order IX Rule 13 CPC. As sufficient cause is shown, the impugned order is liable to be set aside. 4. Accordingly, the Civil Miscellaneous Appeal is allowed setting aside the order, dated 28-10-2004, in I.A.No.1825 of 2004 in O.S. No.602 of 2001, on the file of the Principal Senior Civil Judge, R.R. District at NTR Nagar, Hyderabad. No order as to costs. _______________ K.C. BHANU, J DATED:20.09.2010 Hsd