G. K. PARVATHAMMA Vs. INCOME TAX RECOVERY OFFICER

JUDGEMENT

(1.) This revision is filed challenging the order dated 07.02.2018 in I.A.No.1252 of 2017 in O.S.No.662 of 2011 passed by the X Additional Chief Judge, City Civil Court, Hyderabad, whereunder an application filed seeking condonation of delay in filing the petition to restore the suit was dismissed.

(2.) The petitioner/plaintiff instituted a suit in O.S.No.662 of 2011 for declaration and injunction under Section 281 read with Rule 11(6) of the Second Schedule of Income Tax Act, 1961, against the respondents herein. The suit was dismissed was default on 26.10.2017 for non-appearance of the plaintiff and his counsel. An application in I.A.No.1252 of 2017 was filed seeking to condone the delay of three days in filing a restoration petition under Order IX Rule 9 CPC and for setting aside dismissal order dated 26.10.2017.

(3.) Mr. Sunitha Mondal, learned counsel representing Mr. A.P. Reddy, learned counsel for the petitioner, submitted that there was death in the family of the petitioner/plaintiff. It was stated in the affidavit filed in support of the condone delay petition that his family member, Mr. G. Kuber Reddy, died on 25.10.2017 and as instructed by the petitioner/plaintiff, the advocate appearing on his behalf filed an adjournment petition on 26.10.2017. However, the learned trial Judge did not consider the same and dismissed the suit for default.