GARUDA SAKUNTALA Vs. A V M JAGGA RAO

JUDGEMENT

(1.) This Civil Miscellaneous appeal is filed by the appellant/plaintiff against the order dated 27-1-1997 in LA. No.100 of 1993 in O.S. No.30 of 1987 passed by the I Additional Subordinate Judge, Visakhapatnam.

(2.) The case of the appellant is that she filed the suit for recovery of an amount of Rs.1,05,550/- against the respondents/ defendants. The suit was posted to 15-2-1993 for trial on payment of costs of Rs.60/- by the appellant to the other side. According to the appellant, she paid the costs of Rs.60/- to the Counsel appearing for the respondents and a Memo was filed to that effect under G.R.No.799. The appellant stated in her affidavit filed in support of the petition in LA. No.100/1993 that she filed a petition to send for the power of attorney, executed by Smt. Anikitam Ramadevi Bhanojirao in favour of the deceased first defendant- A.V.N. Jaggarao, from the office of the Sub Registrar, Hyderabad, and that petition is neither numbered nor returned. According to her, her husband Garuda Visweswararao was looking after the present suit on her behalf and attending the Court on every date of adjournment, but on 15-2-1993, he did not attend the Court, as he had been to Hyderabad. She stated that she could not proceed with the suit further on 15-2-1993 for want of the above said power of attorney, and the suit was dismissed on 15-2-1993 on the ground that she (plaintiff) was absent. With the above averments, she filed LA. No.100/1993 under Order 9 Rule 9 CPC to set aside the order dismissing the suit for default.

(3.) Respondents 1 and 4 died. No steps have been taken as against respondent No.2. Respondents 3, 5 and 6 filed their counter in LA. 100/93, opposing the same and contending that there are no bona fides in the application.