LAWS(APH)-1960-2-6

GUTTA VISWANADHAM Vs. GUTTA VENKATESWARA RAO

Decided On February 09, 1960
GUTTA VISWANADHAM Appellant
V/S
GUTTA VENKATESWARA RAO Respondents

JUDGEMENT

(1.) The facts leading to these proceedings are somewhat exceptional and must be stated in detail. On the 17th February, 1951, the 1st respondent in the appeal (hereinafter referred to as 'the plaintiff'), represented by his mother as next friend, filed the suit, which has given rise to this appeal, in the Court of the Subordinate Judge, Warangal, against five defendants (the appellant and respondents 2 to 4 herein) for recovery of possession of the lands mentioned in the plaint A schedule from the 5th defendant, the house mentioned in the schedule from the 1st defendant, and for other reliefs. Defendants 2 to 4 were set ex parte at a very early stage and defendants 1 and 5 were contesting the suit.

(2.) The 5th defendant pleaded inter alia that his son purchased the suit lands for valuable consideration and that he was in possession of those lands on behalf of his son. The plaintiff closed his evidence on the 4th March, 1954. The 5th defendant was set ex parte on the 22nd November, 1955. On the 2ist December, 1955, the 5th defendant's son filed an application to implead him as a supplemental defendant in the suit. Therein he stated that his father was not taking any interest in the suit and that he was the person really concerned with the property. This application was dismissed on the 24th April, 1957. The 5th defendant's son seems to have carried this order in revision to the High. Court which was however dismissed on the 17th June, 1957.

(3.) The 1st defendant adduced no evidence and eventually the suit was decreed ex parte on the 17th July, 1957. Thereafter, the 1st defendant filed an application under Order 9, rule 13, Civil Procedure Code , for setting aside the ex parte decree. This application was dismissed on the 31st October, 1957, and against the order of dismissal, the 1st defendant has preferred C.M.A. No. 101 of 1958. On the 25th April, 1959, the 5th defendant filed C.M.P. No. 4549 of 1959 to transpose him as an appellant in the appeal. In the affidavit filed by him in support of the petition, it was stated as follows :-