CHANDRAKALA Vs. A. ESHWARAMMA

JUDGEMENT

(1.) Appellant-plaintiffs have filed this Civil Miscellaneous Appeal assailing the order dated 18/09/2019, in I.A.No.45 of 2017 in O.S.No.57 of 2012 on the file of learned V-Additional District and Sessions Judge, Medak at Sangareddy.

(2.) The appellant-plaintiffs have filed an application under Order IX Rule 9 CPC to restore O.S.No.57 of 2012 by setting aside the dismissal order dated 27/06/2016. This petition was contested by respondent Nos.5 and 6, who are defendant Nos.5 and 6 in the original suit. The learned V-Additional District Judge, Medak, having considered the rival contentions, dismissed the application filed under Order IX Rule 9 CPC with an observation that petitioner-plaintiffs did not produce any medical record to show that PW-1 was prevented from appearing before the Court and that even assuming for a moment that on 27/06/2016, PW-1 was suffering from ill-health, what prevented her from appearing before the Court on the previous Seven adjournments, is also not explained and there is also no explanation as to what prevented the petitioner-plaintiffs from appearing before the Court if the contention of the 1st petitioner is true. Accordingly, the petition was dismissed.

(3.) Notice to the respondents is served, but called absent and no representation. Heard the learned counsel for petitioners and perused the record.