KRISHNADEVARAYA Vs. GULABI DEVI AND ORS.

JUDGEMENT

(1.) DEFENDANT No. 2 filed the above Civil Revision Petition against the order dated 25.03.2014 made in Misc. Appeal No. 29/2013, on the file of the III Addl. District and Sessions Judge, Ballari, sitting at Hospet, confirming the order dated 14.12.2012 made in Misc. Case No. 32/2011, rejecting the application filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC) to set aside the ex -parte' judgment and decree dated 20.08.2010 made in O.S. No. 210/2006, is before this Court.

(2.) IT is the case of the petitioner that the 1st respondent, who is the plaintiff in the trial court, by filing a suit in O.S. No. 210/2006 for recovery of Rs. 3,83,998/ - against the petitioner (who was the 2nd defendant) and others. When the petitioner was in USA, the suit was decreed ex parte by the trial court against him. Aggrieved by the said judgment and decree, the petitioner filed Misc. Case No. 32/2011 under Order IX Rule 13 read with Section 151 of CPC before the Principal Senior Civil Judge and JMFC, Hospet, who after hearing both the parties, by his order dated 14.12.2012 has dismissed the petition holding that the petitioner deliberately not appeared in the Original Suit. Therefore, the ex parte judgment and decree is not liable to be set aside.

(3.) I have heard the learned counsel for the parties to the lis.