M. RAJAMANNAR Vs. B. FAKRUDDIN

JUDGEMENT

(1.) THIS Revision Petition is filed challenging the order Dt. 17 -02 -2010 in I.A. No. 362 of 2007 in I.A. No. 363 of 2005 in O.S. No. 102 of 2003 on the file of the Junior Civil Judge, Uravakonda.

(2.) THE petitioner in the Revision Petition is the plaintiff in the above suit. He filed the suit for recovery of a sum of Rs. 51,100/ - with future interest and costs against the respondent.

(3.) THE petitioner filed his affidavit in lieu of chief examination. The matter was posted to 17 -11 -2005 for cross examination. On that day, the learned counsel for the respondent filed a petition to receive certain documents and the matter was adjourned to 23 -11 -2005. On 23 -11 -2005 Sri A. Raghavendra, learned counsel for the petitioner had gone to Tirupati and had instructed Sri Ramamohan, advocate, Uravakonda to represent on his behalf in the suit. The case was called for cross examination of P.W. 1. But P.W. 1 i.e. the petitioner was not present and the advocate Sri Ramamohan reported no instructions for the plaintiff. So P.W. 1 was called absent and the suit was dismissed for default on 23 -11 -2005.