ORDER

The Civil Revision Petition is directed against the order dated 16th October 2023 I.A. No. 82 of 2012 in O.S.No.295/2007 on the file of the court of the Senior Civil Judge at Kalwakurthy.

2. Petitioner is defendant and respondent is plaintiff in the suit filed for declaration of title and recovery of possession of the suit schedule lands. Respondent filed I.A.No.82 of 2012 in O.S.No.295 of 2007 to condone the delay of 683 days in filing the petition for restoration of suit which was dismissed for default on 22.10.2010, contending that he fell sick for a long time and subsequently, his advocate had been to USA, therefore, he could not know the dates of hearing of suit and that the Court was pleased to adjourn the suit on payment of costs. Since respondent could not know the same, the suit was dismissed for default for non-appearance. It was further contended that the advocate while leaving India entrusted the case to another advocate in Mahaboobnagar to represent before the court, however, the said advocate could not represent the case.

3. On the other hand, revision petitioner/defendant opposed the said petition by filing count