HUSSAIM BEGUM Vs. B RAMACHANDRAIAH

JUDGEMENT

(1.) This is an appeal filed against an order of the Court of the Second Additional Judge, city Civil Court, Hyderabad dated 28th September, 1973 whereby he dismissed the appellant's application, I.A. No. 213 of 1973 in O.S. No. 580 of 1969.

(2.) The petition, I.A. No. 213 of 1973 was filed supported by the affidavit of the Advocate for the petitioner. The application for restoration of the suit was opposed by the 1st defendant. It was contended before the learned Judge that the application was not maintainable and also that there was no sufficient cause for non-appearance of the appellant-plaintiff on 26th February, 1973 when the suit was dismissed.

(3.) The lower Court had observed in its order that only the Counsel for the plaintiff had filed the affidavit and even the contentions raised in the affidavit of the plaintiffs Advocate were not substantiated. The Court below had taken into account the fact that the matter was called thrice on 26th February, 1973 and that costs awarded earlier by the Court on two occasions were not paid by the plaintiff to the defendant. The Court below had expressed the view that there was force in the contention on behalf of the defendant that the plaintiff had not filed her own affidavit stating the reasons for her non- appearance and that further the affidavit filed by the Advocate did not show anything as to the cause of the absence of the plaintiff. It was also noticed by the lower Court that the petition was signed by the petitioner-plaintiff herself and not by the Advocate. In the result, the lower Court held that the application was not maintainable and also that it was devoid of merits.