IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P No.556 OF 2009 23.09.2010 Between: Sammangi Chinnayya and 2 others .... Petitioners And: Sammangi Simhachalam and another ....Respondents. HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P No.556 OF 2009 ORDER: The revision is directed against the order dated 22.04.2008 of the learned Junior Civil Judge, Kothavalasa in I.A.No.243 of 2007 in O.S.No.29 of 2007 dismissing the application filed by the petitioners under Order IX Rule 7 C.P.C to set aside the ex parte order dated 18.06.2007 and to restore the suit. The parties are referred to as arrayed in the suit. The respondents/plaintiffs filed the suit against the petitioners herein. On 18.06.2007 the suit was decreed ex parte since there was no representation on behalf of the petitioners herein. Later the revision petitioners filed I.A.No.243 of 2007 seeking to set aside the ex parte order. The Court below by the order dated 22.04.2008 impugned herein dismissed the said application on the ground that there was no proper explanation offered on behalf of the revision petitioners. The main reasons stated in the application are appeared that due to illness, the 1st petitioner could not attend the court, but the same was not accepted by the court below and dismissed the IA. Hence this revision. It is the contention of the learned counsel for the revision petitioners that though the revision petitioners received the summons from the court for their appearance on 06.06.2007, since the Presiding Officer was on leave on the said date the matter was adjourned to 18.06.2007. On 17.06.2007 the revision petitioners approached their counsel and informed about the adjournment but they could not sign on Vakalat. Moreover, on the date of adjournment the counsel for the revision petitioners fell sick, as such, there was no representation on behalf of the petitioners. Having heard learned counsel for the respective parties and having regard to the facts and circumstances of the case, especially in view of the fact that the suit is for specific performance wherein an equitable relief is sought for and because of the dismissal of the application the substantive rights of the parties are affecting, I am of the view that the trial court ought to have given an opportunity to contest the matter rather than dismissing the same. Under the circumstances, the civil revision petition is allowed and the order dated 22.04.2008 in I.A.No.243 of 2007 in O.S.No.29 of 2007 on the file of the Court of Junior Civil Judge, Kothavalasa is set aside. However, the court below is directed to dispose of the suit on merits by giving notice to both sides. No order as to costs. _____________________ B. PRAKASH RAO,J Date:23.09.2010. Gk. HONOURABLE SRI JUSTICE B. PRAKASH RAO C.R.P No.556 OF 2009 DATE:23.09.2010. Gk.