MOOSALA APPARAO NAIDU Vs. DURGASI BUTCHAYYA

JUDGEMENT

(1.) 1. This fs a revision petition filed against the order dated 24 -7-1973 of the District Munsiff, Cheepurpalll in I.A.No. 4 of 1973 in O.P. 9 of 1970, allowing the I.A. and restoring the O. P. which was dismissed for default.

(2.) The facts leading to the filing of this revision petition in brief are that the respondent herein filed an election petition on 30-6-1970 for setting aside the election of the petitioners herein and one other person in O.P.9 of 1970. The election was held on 15-6-1970. For one or the other reason, the case was being adjourned. Ultimately, on 6-4-1973 the electien petition was dismissed, as the petitioner (respondent herein) and his advocate were both absent. The petitioner in the lower court filed I.A.4 of I973 to set aside the order of dismissal, and to restore the Original Petition.

(3.) The lower court allowed the petition by its order dated 24th July, 1973, which is very short, and is extracted below: