IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. /2024 (@SLP (C) No.16428/2023)
MUNUKURTY APPA RAO @ BULLABBAI APPELLANT(S)
VERSUS
MUNUKURTHY CHINA TATABBAI RESPONDENT(S)
O R D E R
Leave granted.
The legality and correctness of the order dated
09.05.2023 passed by the learned Single Judge of the High Court
of Andhra Pradesh at Amaravati in Civil Revision Petition
No.1129/2019 is sought to be questioned in this appeal.
Briefly stated, the facts are that the appellant-
plaintiff had filed O.S. No.247/2015 seeking specific
performance of an agreement to sell before the Court of the
Principal Junior Civil Judge, Judicial Magistrate of First
Class, Yellamanchili (for short “Trial Court”). The said suit
was dismissed for default by order dated 30.06.2016. In order to
seek restoration of the said suit, an application was filed
being I.A. No.457/2016 under Order IX Rule 4 and Section 151 of
the Code of Civil Procedure, 1908 (for short “CPC”). The said
application also was dismissed for default by order dated
29.12.2017 owing to non-payment of costs. Therefore, another
application (I.A. No.30/2018) was filed on 04.01.2018 for
restoration of I.A. No.457/2016 by contending that on 29.12.2017
the plaintiff-appellant herein was unable to attend as he was
1
sick and unable to comply w...