IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.683 OF 2010 Date:07-04-2011 Between:- K.Kishore Kumar .. Petitioner And Kochuri Sree and others .. Respondents ORDER:- This Civil Revision Petition, under Article 227 of Constitution of India, is directed against order, dated 05.11.2009, in I.A.No.294 of 2009 in O.P.No.309 of 2008 on the file of the Judge, Family Court, Visakhapatnam, whereunder and whereby, petition filed under Order IX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’), to set aside the ex parte order, dated 25.04.2008, was dismissed. 2. Heard. 3. Learned counsel for the petitioner stated that respondent Nos.2 and 3 are not necessary parties. Respondent No.1 herein filed the O.P. for grant of permanent alimony and partition of the suit schedule property. In the suit, the petitioner, who is the third defendant, was set ex parte. Order XI Rule 7 C.P.C. states that where the Court has adjourned the hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance. The case of the petitioner is that due to the sudden death of his brother, he was mentally upset and he was visiting various places in the country and therefore, he could not attend the Court on 25.04.2008. So, proper explanation was given by the petitioner for his absence on 25.04.2008. In view of the fact that substantial rights of the petitioner are involved in the suit, the trial Court ought not to have set aside the ex parte order. 4. Accordingly, the Civil Revision Petition is allowed setting aside the order, dated 05.11.2009, in I.A.No.294 of 2009 in O.P.No.309 of 2008 on the file of the Judge, Family Court, Visakhapatnam. Consequently, the Interlocutory Application stands allowed. The trial Court shall make an endeavour to dispose of O.P.No.309 of 2008 as expeditiously as possible, subject to other part heard and old cases. No costs. _​_____________________ JUSTICE K.C.BHANU 7th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU C.R.P.No.683 OF 2010 Date:07-04-2011 AMD