JUDGMENT

1. The unsuccessful petitioner/plaintiff filed the present C.M.A. impugning the order dtd. 5/8/2015 in I.A.No.2017 of 2005 in O.S.No.1421 of 2003 on the file of the learned Principal Senior Civil Judge at Visakhapatnam, wherein a petition filed for restoration of suit that was dismissed for default, was dismissed. The Respondent herein is the Respondent/Defendant in the O.S. Procedural History:

2. The contention of the plaintiff in I.A.No.2017 of 2005 (hereinafter 'restoration petition') is that he suffered from viral fever during 27/9/2005 to 30/9/2005, as such he could not appear before the Court on 29/9/2005. In addition, his nephew by name V. Avinash was also admitted for surgery in Seven Hills Hospital, Visakhapatnam. He further submits that his absence was neither wanton nor deliberate, therefore his prayer to restore the suit should be allowed.

3. Refuting the petitioner's case, the respondent/defendant filed counter to the I.A. to the effect that since a plea that suit is barred by limitation was taken, the plaintiff avoided to attend and ultimately got the suit dismissed for default. He further contended that no document is filed to show about the ill health of the p