THE HON'BLE MR JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.1734 of 2011 ORDER This revision is directed against the order of dismissal, dated 18.03.2011, passed by the learned District Judge, Guntur in I.A.No.2878 of 2010 in A.S.No.276 of 2009 filed under Order XLI Rule 19 and Section 151 CPC seeking to set aside the order of dismissal for default, dated 06.07.2010, passed in the said appeal. 2. The petitioner herein filed A.S.No.276 of 2009 against the judgment and decree passed in O.S.No.1532 of 2005 by the II Additional Junior Civil Judge, Guntur. He states that when the appeal came up for arguments, he could not consult his counsel due to hospitalization for treatment in regard to fracture of his leg. As there are no instructions from him, his counsel filed memo before the lower appellate Court stating no instructions and ultimately, the Court below dismissed the said I.A. for default vide order impugned. Aggrieved by the same, the petitioner filed the present revision. 3. Heard the learned counsel for the petitioner and perused the material on record. 4. Learned counsel for the petitioner submitted that as the petitioner sustained fracture injury to his leg, he could not consult his Advocate about the appeal. He further submitted that on 18.03.2011, the Advocates in Guntur have abstained from attending to the Courts for want of separate High Court Bench and as such, the Court below ought not to have dismissed the I.A., by the order impugned without giving an opportunity to the petitioner. . 5. It is stated that as on the date of the order impugned, the counsel appearing for the petitioner was absent since Advocates at Guntur are abstaining from attending to the Courts because of the agitation for establishment of High Court Bench at Guntur. Since the petitioner has remedy of appeal against the dismissal of the suit and if the appeal is dismissed for default, the very purpose of filing the appeal would be defeated. As he intends to contest the matter on merits, for non-appearance of the Advocates, he should not suffer. Therefore, without going into the merits of the matter, I deem it appropriate that an opportunity should be given to the petitioner to contest the matter. 6. Accordingly, the Civil Revision Petition is allowed, setting aside the order impugned. Consequently, I.A.No.2878 of 2010 is allowed on payment of costs of Rs.200/-(Rupees two hundred only) by the petitioner to the respondents. No order as to costs. _____________________ GHULAM MOHAMMED, J Date:30.04.2011 Note: Issue CC within one week (Bo) sj