Petitioner is plaintiff. She filed a suit O.S.No.184 of 2009 before the Senior Civil Judge, Miryalguda for recovery of amount of Rs.2,09,090/-. It appears that the said suit was dismissed in default along with I.A.No.716 of 2009 for non-payment of process fee on account of which fresh summons as ordered could not be served. It appears that the trial court waited for three months and then dismissed the suit in default. Petitioner has thereafter filed the present application I.A.No.138 of 2011 along with application for restoration of the suit. The present application is filed seeking condonation of delay of 188 days in filing restoration petition. It is stated that on the date of dismissal of the suit i.e., 20.07.2010, plaintiff could not appear to court nor the counsel could pay the process fee on account of petitioner being bed ridden. Petitioner prayed for restoration of the suit as well as condonation of delay. A counter was filed by the respondent stating that petitioner has not shown interest to proceed with the suit as she failed to pay the process.
