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1994 Supreme(AP) 561

A.GOPAL RAO
Abu Taher, G. P. A. , M. A. Baig – Appellant
Versus
Abdul Majeed – Respondent


A. GOPAL RAO, J.

( 1 ) PLAINTIFF in O. S. 1403 of 1986 on the file of the X Assistant Judge, City Civil court, Hyderabad, is the petitioner in this revision petition. This revision petition is filed against the order dated 25-2-1994, in C. M. A. No. 57 of 1992, passed by the Additional Chief Judge (Temporary), City Civil Court, hyderabad, confirming the order of the trial Court in dismissing I. A. 1256/1990 in O. S. 1403/86 which was filed under Order 9, Rule 9 C. P. C. for setting aside the order dated 12-11-1990 dismissing the suit for default.

( 2 ) PETITIONER filed the suit for recovery of possession of the suit mulgi. Suit was posted to 10-10-1990. Petitioner, who is a practising Doctor at hyderabad, was to leave for the United States of America by plane from bombay on 11-10-1990 for pursuing higher studies. On 10-10-1990, the plane in which the petitioner was to perform journey from Hyderabad to Bombay was cancelled. Consequently, petitioner was forced to postpone his journey, to the u. S. A from Bombay, from 11-10-1990 to 14-10-1990. Petitioner left for Bombay from Hyderabad on 12-10-1990 by train, and left for the U. S. A. on 14-10-1990 from Bombay. Petitioner gave General P











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