BOBBILI LAKSHMINATH Vs. N VITTAL

JUDGEMENT

(1.) This revision petition is filed under Art.227 of the Constitution of India to revise the orders passed by the learned Principal District Judge, Ranga Reddy District at L.B. Nagar, dt.23-6-2004 IA(SR) No.5549/ 2004 in OP (SR) No.2249/2004, whereunder petition filed for restoration of OP (SR) No.2249/2004 was returned.

(2.) The petitioner herein, as an indigent person, filed above OP (SR) No.2249/2004 under Order VII R.1 and under Order 33 r/w Sec.26 CPC seeking damages for an amount of Rs.40,00,000/- from the respondents, before the learned Principal District Judge, Ranga Reddy District. Office returned the same with certain objections on 9-3-2004. The petitioner again resubmitted the same on 31-3-2004. When the trial court called the said OP on Bench on 9-4-2004, the petitioner called absent, therefore the trial court rejected the said OP. On such rejection, the petitioner filed a petition under Order 9 Rule 9 r/w 151 CPC for setting aside the rejection order dt.9-4-2004 passed in the OP. The said petition was returned by order dl.23-6-2004. Questioning the same, the petitioner as party-in-person filed the present revision petition.

(3.) As the party-in-person is not conversant with the law to represent his case before the court, this court referred the matter to the Legal Services Authority, High Court of Andhra Pradesh, Hyderabad for engaging an advocate on behalf of the petitioner. Accordingly, Legal Services Authority appointed Mrs. Shanthi Neelam as counsel to defend the case of the petitioner.