Ch Malla Reddy v. Ch Ramachandra Reddy

THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2060 of 2018 ORDER:

Heard Sri Sourabh Agarawal, learned counsel for the revision petitioner.

The present revision petition, under Article 227 of the Constitution of India, is filed requesting to set aside the order, dated 27.10.2017, passed in I.A.No.965 of 2017 in O.S.No.231 of 2006 on the file of the Senior Civil Judge, Sanga Reddy. The revision petitioner is the 1st defendant in the suit and he was set ex parte in the suit on 31.08.2006. Later, on the ground that he gained knowledge of his setting ex parte, he came up with the aforesaid I.A under Order IX Rule 7 of C.P.C to get the ex parte order set aside by making the application on 06.09.2017. The main ground he agitated is that he did not receive summons and, therefore, he sought the aforesaid request. The Court below, having examined the served copy of summons available with the Court file, found that the 1st defendant received summons on 07.08.2006 and also it compared the signature on the summons with the signature on the affidavit and found them to be same and finally held that only to drag on the proceedings, the I.A is filed and, accordingly, dismissed the I.A. There is no merit in the present revision.

Hence, the Civil Revision Petition is dismissed. No order as to costs.

Miscellaneous Petitions, if any, pending in the present revision, stand closed.

___________________________ A. SHANKAR NARAYANA, J 03.04.2018 v v