( 1 ) THE Appellant herein was the original plaintiff in O. S. No. 124 of 1985 on the file of the Subordinate Judge, Kovvur, West Godavari District. The plaintiff filed the said suit for compensation from the defendants-respondents herein for using defamatory words against the petitioner herein. The said suit was dismissed for default. Therefore, the appellant herein filed an application I. A. No. 1063 of 1994 in the same Court for restoring the suit to file under Order 9 Rule 9 C. P. C. after setting aside the default order dated 15-9-1994. It appears from the record that the said application was dismissed by the learned Subordinate Judge, Kovvur. Against the said order, the present appeal has been filed by the appellant herein.

( 2 ) IT appears from the record that the suit was fixed for hearing after adjourning the same (on) two or three occasions and the appellant herein was directed to lead evidence, but the appellant herein refused to lead evidence and therefore the learned Judge dismissed I. A. No. 1063 of 1994 with the following observations:"the suit is of the year 1985. The suit was being adjourned at the request of parties and also on petitions. On 15-6-19