THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.2064 of 2004 ORDER: The petitioner filed O.S.No.496 of 2002 in the Court of the III Additional Junior Civil Judge, Chittoor against the respondents for recovery of a sum of Rs.20,000/- with interest. The respondents filed a written statement and the suit was posted to 09.06.2003 for commencement of trial. On the ground that the petitioner did not turn up on 09.06.2003, the trial Court dismissed the suit for default. Aggrieved thereby, the petitioner filed I.A.No.552 of 2003, under Order 9 Rule 9 C.P.C. with a prayer to set aside the order, dated 09.06.2003. Through its order, dated 13.11.2003, the trial Court dismissed the I.A. Hence, this revision. Heard the learned counsel for the petitioner. The notice sent to the respondents was returned un-served. With the permission of this Court, the petitioner took out notice to the counsel for the respondents in the trial Court. It was served on 06.08.2009. However, they have not chosen to enter appearance. The trial of the suit was to commence on 09.06.2003. The counsel for the petitioner in the trial Court filed his affidavit stating that the petitioner has fallen ill on that day and thereby, could not attend the Court and that one of his Juniors was entrusted the work of seeking adjournment. No counter affidavit was filed by the respondents. The trial Court was not convinced with the explanation offered by the petitioner. It is not as if the suit was pending for years together before it came to be dismissed for default. One incidental or accidental absence on the part of the petitioner has given rise to the dismissal of the suit for default. The learned counsel for the petitioner appearing in the trial Court filed the I.A. on the same day. The trial Court ought to have been practical, than being hyper-technical in dismissing the application. The civil revision petition is accordingly allowed and the order under revision is set aside. Consequently O.S.No.496 of 2002 is restored to file, however, subject to the condition that in the event of the suit being decreed, the interest shall not be awarded for a period of three years from the date of dismissal of the suit for default. _____________________ L.NARASIMHA REDDY,J Dt:24.08.2009 kdl