V. RAMANAMMA Vs. VOMMINA SUBBAMMA

JUDGEMENT

(1.) The petitioner herein filed O.S.NO.82 of 2007 in the Court of Senior Civil Judge, Gudur, SPSR Nellore District for partition of properties between her and the defendants therein. Issues were framed in the said suit on 11.08.2008 and the matter was coming for the evidence of plaintiff. On 27.7.2011 an adjournment was given to the petitioner/plaintiff to commence evidence after paying costs and the matter was posted to 03.08.2011. On that day, the trial Court had dismissed the suit for default as the petitioner/plaintiff was not present in the Court. Thereafter, applications were filed by the petitioner/plaintiff on 06.09.2012 under Order IX Rule 9 of C.P.C., for setting aside the exparte order dated 03.08.2011 and I.A.No.95 of 2014 for condonation of delay of 369 days in filing the application for restoration of the suit.

(2.) This application was dismissed by the trial Court on 29.08.2016 and aggrieved by the same the petitioner/plaintiff has filed the present civil revision petition.

(3.) Heard Sri V.Siva Prasad Reddy learned counsel for the petitioner and Sri Srinivasan S.Rajan, learned counsel for the respondent.