THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL MISCELLANEOUS APPEAL.NO. 412 OF 2013

JUDGEMENT:

This Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of Code of Civil Procedure, 1908 (herein referred as CPC), being aggrieved by the orders dated 15.02.2013 passed in I.A.No.675 of 2012 in O.S.NO.02 of 2001 by Ist Additional District Judge, Medak at Sangareddy, wherein in I.A. filed under Order 9 Rule 9 read with Sec.151 Code of Civil Procedure, 1908 was dismissed. Being aggrieved by the same, the present appeal is filed.

2. The brief facts of the case are that the plaintiff herein has filed a suit for partition and separate possession of the suit scheduled property against the respondents/defendants Nos.1 to 8 initially, and subsequently impleaded the defendants Nos.9 to 13. The case of the appellant/plaintiff was that when the matter was posted for trial on 05.06.2012, on the said date the senior counsel was out of station on his personal work, and though the junior counsel was present and sought for an adjournment, since there was a direction from the High Court, the trial Court recorded the said representation, and dismissed the suit. The said dismissal was challenged