THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.M.A.No.1594 of 1998 JUDGMENT: The appellant filed O.S.No.44 of 1988 in the Court of Senior Civil Judge, Khammam, against the respondents, for recovery of a sum of Rs.1,74,294/-. The suit was dismissed ‘for default’, on 29.11.1995. The appellant filed I.A.No.983 of 1995, under Order IX Rule 9 C.P.C. He pleaded that he has fallen ill, and on account of the same, he could not appear in the Court for deposing as witness. The trial Court dismissed the I.A., through order, dated 22.04.1998. Hence, this C.M.A. Heard Sri M.V.Durga Prasad, learned counsel for the appellant, and Sri J.V.Prasad, learned counsel for the contesting respondents. Some of the respondents were served with notices, but have not chosen to enter appearance. The suit was filed, way back in the year 1988. It appears that the trial commenced only in the year 1995. It is, no doubt, true that the appellant was not ready, on quite some occasions, for commencement of the trial. It is, however, stated that the appellant has fallen ill in November, 1995. The suit was dismissed ‘for default’. The only ground, on which the trial Court dismissed the I.A., was that the appellant did not file the medical certificate. The occasion for the appellant to file such a certificate would have arisen, if only, the respondents filed any counter-affidavit. It is evident that such a counter is not filed. This Court is of the view that the appellant deserves to give an opportunity to pursue the suit, by denying him the benefit of interest for the relevant period, in the event of the suit being decreed. Hence, the C.M.A. is allowed, and the order under appeal is set aside. Consequently, I.A.No.983 of 1995 shall stand allowed, on condition that, a) the appellant shall forthwith commence his evidence, on the date, identified for that purpose, and conclude the same within four weeks thereafter; b) in the event of the suit being decreed, the appellant shall not be entitled for interest from the date on which, the suit was dismissed for default, till today. c) In case, the appellant fails to commence the evidence, the trial Court shall not grant any further adjournments, and it shall be open to it, to dismiss the suit for default. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:08.09.2009. Note: Furnish C.C. in three days. (B/o) GJ