Doddaka Anjaiah v. Pittu Sambasiva Rao

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO CIVIL REVISION PETITION NO.3446 OF 2016 ORDER:

This Civil Revision Petition is filed challenging the order dated 24.03.2016 passed in I.A.No.174 of 2015 in O.S.No.253 of 2014 on the file of the III Additional Junior Civil Judge, Ongole, Prakasam District, dismissing the said application, which was filed for condoning the delay of 124 days in representing the returned petition under Order IX Rule 13 of the Code of Civil Procedure (CPC) to set aside the ex parte decree dated 18.11.2014.

The respondent herein filed the said suit for permanent injunction and an ex parte decree was passed on 18.11.2014. In order to set aside the ex parte decree, a petition was filed on 27.12.2014 but the same was returned with some objections. The petition could not be filed within the stipulated time and when it was represented, the delay of 124 days occurred. In those circumstances, the petitioner filed I.A.No.174 of 2015 and the said application was dismissed by order dated 24.03.2016. Since it is a case of an ex parte decree, an appropriate opportunity should have been given to the defendants for not filing the application within the time to set aside the ex parte decree. In the circumstances, the Civil Revision Petition is allowed by setting aside the order dated 24.03.2016 in I.A.No.174 of 2015 and allowing I.A.No.

174 of 2015 on payment of costs of Rs.500/- (Rupees five hundred only) to the plaintiff in O.S.No.

same in accordance with law. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ________________________ (A.RAMALI NGESWARA RAO, J) 18th November 2016 RRB