LAWS(APH)-2020-12-131

R. HUSSAINAMMA Vs. MOLAKALA LAKSHMI MANORAMA DEVI

Decided On December 02, 2020
R. Hussainamma Appellant
V/S
Molakala Lakshmi Manorama Devi Respondents

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order in I.A.No.1326 of 2015 in O.S.No.370 of 2012 on the file of the Principal Senior Civil Judge, Kadapa to condone the delay of 301 days in filing the petition to set aside the ex parte decree, dated 10.07.2014 under Order IX Rule 13 of C.P.C.

(2.) It is the case of the contesting respondent herein that she is the plaintiff in O.S.No.370 of 2012 and the 1st respondent in I.A.No.1326 of 2015.

(3.) The Court below passed an exparte decree on 10.07.2014 and the petitioner herein could not file to set aside an exparte decree application on or before 09.08.2014, as she fell seriously ill due to which she could not approach the Court below within the time after receipt of summons from the Hon'ble Court. The Court below dismissed the application of condonation of the delay observing that the petitioner could not show the sufficient cause.