IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3113 of 2009 Between: Gatreddi Ammaji ..... PETITIONER AND Chitturi Ramakrishna and another .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3113 of 2009 O R D E R: Petitioner is the plaintiff, who filed the suit O.S.267/2001 on the file of the Principal Junior Civil Judge, Narsipatnam for recovery of money. The suit was dismissed for default on 04.11.2004 and therefore, the petitioner filed I.A.690/2008 to set aside the default order dated 04.11.2004. As there was delay in filing the said application, the petitioner also filed I.A.155/2006 to condone the delay of 424 days. The trial Judge while allowing the said application I.A.155/2006 by order dated 04.12.2008, subsequently dismissed the I.A.690/2008 filed under Or.9 Rule-9 CPC by order dated 13.03.2009 on the ground that the petitioner/plaintiff was continuously absent from 30.04.2004 to 04.11.2004 i.e. for a period of 7 months and therefore her explanation that she suffered from malaria for 7 days cannot be believed. I am of the opinion that the Court below could not have taken into account the previous lapses on the part of the plaintiff. Whether there was any genuine cause for her absence on 04.11.2004 was alone requires to be considered. It is stated that on that day, she could not attend the Court due to her ill health, but not with an intention or negligence. When the application filed to condone the delay was allowed, I am of the opinion that the Court below ought not to have dismissed the application filed under Or.9 Rule-9 CPC as sufficient explanation was given by the petitioner/plaintiff. Therefore, I am inclined to set aside the impugned order. Accordingly, the impugned order is set aside and I.A.690/2008 stands allowed. The Civil Revision Petition is accordingly allowed. No order as to costs. ________________ V.ESWARAIAH,J Dated: 27.01.2011 Dsr