THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.6156 OF 2009 DATED:31.03.2011 Between: M/s Srinivasa Enterprises, Rep.by its Managing partner, Nellore District & another. .... PETITIONERS And State of A.P., Rep.by the District Collector, Nellore District & another. .... RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 18.08.2009, in I.A.No.1425 of 2004 in I.A.No.23 of 2001 in O.S.No.137 of 1998 on the file of the learned Junior Civil Judge, Kovvur, wherein the said application filed by the petitioner herein under Order I Rule 9 CPC for restoration of I.A.No.23 of 2001, which was dismissed on 23.09.2004, was dismissed. 2. Heard learned counsel for the petitioner and the learned Government Pleader for Appeals appearing for the respondent-State. Perused the record. 3. Petitioner herein filed the suit-O.S.No.137 of 1998 against the respondent herein-defendant for recovery of Rs.38,623.10ps allegedly due from the respondent-defendant. The said suit was dismissed on 08.12.2000 for default. Petitioner filed I.A.No.234 of 2001 under Order IX Rule 9 CPC for restoration of the suit. The said petition also came to be dismissed for default on 23.09.2004. Thereafter, plaintiff filed I.A.No.1425 of 2004 under Order IX Rule 9 CPC for restoration of I.A.No.23 of 2001. The trial Court dismissed the same by the impugned order. Hence, the present Civil Revision Petition. 4. In the affidavit filed in support of the application, it is stated by the petitioner that on 23.09.2004 he could not attend the Court because he suffered fever and his advocate is out of station having gone to Hyderabad on personal work and therefore no representation has been made before the Court. 5. Learned counsel for the petitioner would submit that the absence of the petitioner on 29.03.2004 is not wilful and an opportunity may be given to the petitioner to have the matter disposed of on merits. 6. In the circumstances, having regard to the fact that the suit amount is not huge and that I.A.No.1425 of 2004 came to be dismissed for default, it is considered that an opportunity can be given to the petitioner to have the application-I.A.No.23 of 2001 restored so that the same can be disposed of on merits. In the circumstances, the impugned order, dismissing I.A.No.1425 of 2004, is set aside and consequently the same stands allowed and I.A.No.23 of 2001 stands restored. The trial Court may dispose of I.A.No.23 of 2001 on its own merits. 7. Accordingly, Civil Revision Petition is disposed. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 31st March, 2011. Tsy