VELAGAPUDI RAJYA LAKSHML Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In this appeal the appellants are claimants who seek to challenge the orders in S.R. 3344 in I.A.No - of 2000 in L.A.O.P.8 of 1993 dated 28-9-2000 on the file of the Senior Civil Judge, Narsapur dismissing the application filed under Order 9 Rule 9 of the Code of Civil Procedure (hereinafter referred to as (C.P.C.) for restoration of L.A.O.P.8 of 1993 which was disposed of on 4-7-2000.

(2.) Heard Ms. T. Haritha, learned Counsel for the petitioner and the learned Government Pleader for Land Acquisition.

(3.) The admitted facts of the case are that the main O.P. arose out of a reference under Section 18 of the Land Acquisition Act for determination of the market value in respect of the lands acquired and on such reference, during the proceedings, on 4-7-2000 when the matter came up the petitioners were not present and ultimately it was rejected without going through the merits. Therefore the present application is filed by the petitioner to set aside the said order on the ground that the second petitioner was away at Delhi and the first petitioner had been to Hyderabad to take treatment as he was suffering from diabetes and they were not informed by their Counsel about the same and further contending that even though the petitioners remained absent, the matter was disposed of on merits. The said application was dismissed by the Court below on the ground that Order 9 Rule 9 of C.P.C. was not applicable.