Dr. G. Gangadhar Rao v. Dr. L.Sudha Rani

The Hon'ble Sri Justice D.V.S.S.Somayajulu Civil Revision Petition No.923 of 2012 Order:

This Civil Revision Petition is filed against Order, dated 06-07-2011, in IA.No.1038 of 2009 in OP.No219 of 2003, on the file of the II Additional District Judge -cumChairman of MVACT, Ranga Reddy District. The aforesaid OP, filed by the petitioner claiming compensation under the Motor Vehicles Act against the respondents, was dismissed for default on 18.09.2006. The petitioners filed IA.No.1038 of 2009 in OP.No.219 of 2003 seeking to condone the delay of 913 days in filing the Application under Order IX Rule 9 of the Code of Civil Procedure, 1908 (CPC). The Court below vide its order, dated 06-07-2011, considered all the aspects in toto and came to the conclusion that there are no cogent reasons to explain the delay of 913 days.

Heard both the learned Counsel for the parties and perused the record.

DVSS, J C.R.P.No.923 of 2012 Dt: 22-04-2017 A perusal of the impugned order shows that apart from the Advocate, who went abroad, there is another Advocate viz., Mr.N.S.Soma Sundaram, who is holding vakalat, but he also failed to appear before the Court below and represent the matter. The period of delay is also inordinate and no valid or tenable grounds are made out to interfere with the impugned order of the lower Court.

Hence, the Civil Revision Petition is dismissed. As a sequel to dismissal of the Civil Revision Petition, Miscellaneous Petitions, pending if any, stand disposed of as infructuous.

____________________ (D.V.S.S.Somayajulu, J) Dt: 22nd September, 2017 lur