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Judgment
C.V. Nagarjuna Reddy, J.—This civil miscellaneous appeal arises out of order dated 28.11.2002 in IA No. 507 of 2002 in OS No. 91 of 2000 on the file of the learned Principal Senior Civil Judge, Kurnool. Though notice was served on respondents 1 and 2, no one entered appearance on their behalf.
I have heard Mr. A. Jaya Shankar Reddy, learned Counsel for the appellant, and perused the record.
The son of the appellant, who was a student of respondent No. 2-school, allegedly died in collapse of the school building. Claiming compensation for the death of her son, the appellant filed the above-mentioned suit. By order dated 3.7.2002, the suit was dismissed for default. The appellant has filed IA No. 507 of 2002 under Order IX Rule 9 of C.P.C., for restoration of the suit. The said application was dismissed by the lower Court by the order under appeal.
No doubt, the lower Court has given detailed reasons for dismissing the appellant''s application for restoring the suit. While the order cannot be found fault from legal perspective, the lower Court has overlooked the aspect of equity and compassion. With the result of non-restoration of the suit, the unfortunate mother of the ill-fated son is forever denied the opportunity of claiming compensation. The lower Court ought to have been more generous in considering the application filed by a grieving woman, whose loss cannot be compensated by any amount of money. In my opinion, the case on hand is an eminently fit case for extending the arm of justice of this Court to give a fair opportunity to the appellant to pursue the suit on merits.
For the above-mentioned reasons, the order of the lower Court is set aside and IA No. 507 of 2002 is allowed. OS No. 91 of 2000 is restored to its file. Since the suit is of the year 2000, the lower Court is directed to dispose of the same within three months from the date of receipt of this order. The civil miscellaneous appeal is accordingly allowed.