Opinion by
This is аn appeal from an order in the court below refusing to strike off judgments of non pros.
On Jаnuary 4, 1957, plaintiff, Edwin J. Mazer, while employed in the Homestead Plant of the United States Steel Cоrporation, was seriously injured when *170 he suffered a severe electrical shock whilе removing the outer cover from the circuit-breaker of an electrical transformer.
On January 2,1959, a praecipe for summons in trespass was filed by his then counsel, wherein thе Sargent Electric Company and the General Electric Company were named dеfendants. No complaint was filed.
On February 13, 1959, the defendant, the General Electric Company, filed a praecipe for a rule upon the plaintiff to file the complaint in the action. Service was duly made on plaintiff’s counsel. On March 19, 1959, the same defendаnt filed a second praecipe for a rule upon the plaintiff to file the complaint which was also served on plaintiff’s counsel.
On April 10, 1959, the defendant, the Sargent Electric Company, secured a rule directed to the plaintiff to file a complaint, sеrvice of which was accepted by plaintiff’s counsel.
On April 15, 1959, the complaint not hаving been filed, the defendant, the General Electric Company, caused a judgment of non pros to be entered of record in its favor for failure to file a complaint. On Oсtober 30, 1959, the defendant, the Sargent Electric Company, caused a judgment of non prоs to be entered of record in its favor. The then counsel for the plaintiff receivеd almost immediate notice of the entry of these judgments.
On April 29, 1960, new counsel for the plaintiff filed a motion to strike off the judgment of non pros. Since the motion was not directed to defects in the record, the motion to strike was improper:
Gilbertson Coal Company v. Schuster,
Depositions were taken and filed. After argument, the court below refused to open the judgments. Plaintiff aрpeals.
*171
A request to open a judgment of non pros is by way of grace and not of right. Its grant or refusal is peculiarly a matter for the lower court’s discretion. An appellate court may not reverse the lower court’s ruling unless an abuse of discretion is clearly evident:
Brigham v. Elgin's of
Phila.,
The judgments involved were entered only after plaintiff’s counsel was given repeated notices that the filing of thе complaint was mandatory. These notices were ignored. Even after the judgments were entered, with plaintiff counsel’s knowledge, there was a long delay before any relief was requested. In
Hale v. Uhl,
Further, not only must the application for relief be made promptly, but reasonable grounds must be shown for the default. The plaintiff in the petition to strike asserts that the injury suffered in the accident so affected him physically and mentally that he was unable to cooperate with his counsel and was unaware thаt his interests were not being protected in this lawsuit. No medical testimony in support of this is offered.
The accident occurred on January 4, 1957. The plaintiff was hospitalized until July 4, 1957. Following thаt date, he was out and around, and regularly visited the emergency hospital, located in the Homestead Plant where he worked, for therapy treatments. He returned to his employment in October 1957, and continued to work until November 1959. This certainly belies his assertion that his condition prevented him *172 from consulting with. Ms counsel and pursuing cooperative actiоn in tbe prosecution of this suit.
Moreover, plaintiff’s request to open tbe judgments of non pros is in tbe nature of an appeal to tbe equitable powers of tbe court. It is аn old familiar maxim that be who seeks equity must do equity. In the depositions, plaintiff admitted receiving at least two letters from bis counsel to whom be bad given a power of attorney. Whеn asked to produce these letters or to disclose their contents, be refused to answer on tbe ground that tbe information was privileged. For one who is asking equitable relief, conduct of this nature certainly does not impel one to believe in tbe justice of bis cause.
Order affirmed.