CHINTAPALLI LAKSHMA RAYUDU Vs. DASARI NARAYANA RAO

JUDGEMENT

(1.) These three Civil Revision Petitions arise out of the orders passed in I.A.No.1194/98 in O.S.No.647/87 and also I.A.No.1196/98 in O.S.No.647/87 on the file of III Additional Senior Civil Judge, Vijayawada.

(2.) The plaintiff is the Revision Petitioner in C.R.P.Nos.1046/99 and 1105/99 and the 2nd defendant is the Revision Petitioner in C.R.P.No.719/99. For the purpose of convenience, the parties will be referred to as arrayed in the suit.

(3.) The 6th defendant filed I.A.No.1194/98 in O.S.No.647/87 under Section 5 of the Limitation Act requesting the Court to condone the delay of 138 days in filing an application to set aside the exparte decree. The 6th defendant also filed another application I.A.No.1196/98 in O.S.No.647/87 under Order 9 Rule 13 and under Section 151 C.P.C. to set aside the exparte decree passed against him on 30-4-1998 in the interests of justice. The court below by an order dated 26-10-1998 in allowed the application I.A.No.1194/98 in O.S.No.647/87 on payment of costs of Rs.300/- to the plaintiff on or before 2-11-1998 and likewise the other application I.A.No.1196/98 in O.S.No.647/87 filed by the 6th defendant also was allowed on 1-12-1988 on payment of costs of Rs.500/- to the plaintiff. Aggrieved by the said orders, these Civil Revision Petitions are filed.