YERRAMSETTI MANGAYAMMA Vs. MEDISETTI ABBAI

JUDGEMENT

(1.) This civil revision petition is filed challenging the order dated 18.4.2006 in IA No. 588 of 2003 in OS No. 26 of 1993 on the file of the Senior Civil Judge, Peddapuram. The petitioner herein is the plaintiff in the suit. She filed the above suit as an indigent person for declaration of her title and for recovery of possession of the plaint schedule property. It was numbered as OP No. 125 of 1988 on the file of Sub-Court, Rajahmundry, later transferred to the Senior Civil Judge Court, Peddapuram and renumbered as OP No. 312 of 1991. She engaged Sri S. Seshagiri Rao, Advocate at Peddapuram. As the said Counsel was not attending the Court, a notice dated 24.6.2000 was issued by the Court for her appearance on 18.7.2000 as the suit was coming for trial. One Sri P. Suryanarayana Murthy, Advocate represented on behalf of the petitioner at the request of a person known to the petitioner for adjournment. The suit was adjourned to 18.7.2000 by imposing costs of Rs. 100/-. On 18.7.2000 costs were not paid and the petitioner also absent. There was no representation on her behalf. Therefore, the suit was dismissed for non-prosecution on 18.7.2000.

(2.) On 24.6.2003, she filed I.A. 588/2003, a petition under Section 5 of the Limitation Act, 1963 for condonation of delay of 1039 days in filing a petition to set aside the order dated 18.7.2000 dismissing the suit and also another petition under Order 9 Rule 9 of the Code of Civil Procedure, 1908 (for short "the Code") for setting it aside.

(3.) In the affidavit filed in support of IA No. 588/2003, the petitioner stated that she could not attend the Court on 18.7.2000 as she was suffering from severe jaundice from 1.7.2000 and she was advised bed rest from 1.7.2000 to 13.1.2001; that she wanted to come to Peddapuram to enquire about the case but her relative passed away and so she went for consoling her relatives and came back after 15 days; thereafter her children fell ill and they could not move from bed till 2.2.2001; from 3.2.2001 she suffered from severe joint pains and blood pressure and was advised bed rest till 2.6.2003 and also to take treatment for heart ailment; she could not move from bed and there was nobody to look after her Court affairs till 3.6.2003; that on account of old age, she also lost her vision and was unable to move from her house; that she has a strong case and fair chances of succeeding the suit, if it is restored. She pleaded that she had no male assistant to look after her Court affairs and her children are not worldly wise. She prayed for condonation of this period of delay.