Smt. Kommoju Aruna Sri Vs Kommoji Srinivasa rao

This Civil Miscellaneous Appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, is directed against the order, dated 19.01.2009, in I.A.No.1342 of 2008 in M.V.O.P.No.60 of 2008 on the file of the Special Judge For Trial of Cases Under SC ST (POA) Act – cum – VI Additional District and Sessions Judge, Kurnool, whereunder and whereby the application filed to restore the M.V.O.P. was dismissed.

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Admittedly, the claimant is a minor represented by his father. In the accident, the minor sustained injuries resulting in amputation of his left leg.

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Learned counsel for the appellant contended that the claimant came to the Court late and by that time the petition was called and dismissed. On the same day, he filed an application to set aside the dismissal order. Therefore, sufficient cause is shown for the absence of the claimant. Hence, the impugned order is liable to be set aside.

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Accordingly, the Civil Miscellaneous Appeal is allowed restoring the M.V.O.P. to its original file, and the trial Court shall dispose of the same in accordance with law. There shall be no order as to costs.

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_______________ K.C. BHANU, J

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February 18, 2010 MD

Smt. Kommoju Aruna Sri v. Kommoji Srinivasa rao

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Smt. Kommoju Aruna Sri v. Kommoji Srinivasa rao

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