M NARASIMHA REDDY Vs. BEGARI SAMUEL

JUDGEMENT

(1.) This revision is filed challenging the order and decree dated 8-11-2001 passed by the court of Principal Junior Civil Judge, Hyderabad West and South, Rangareddy District in I.A.No. 2087/2000 in O.S. No. 491/1999. By the impugned order, the court below allowed the application filed by the defendant under Section 5 of the Indian Limitation Act and condoned the delay of 260 days in presenting the petition under Order 9 Rule 13 C.P.C. to set aside the ex parte decree dated 23-12-1999 passed in O.S.No. 491/1999. Aggrieved by the same, the plaintiffs in the suit filed this revision petition.

(2.) For the sake of convenience, the parties shall be referred to as plaintiffs and defendant.

(3.) The brief facts are that the plaintiffs filed the suit and obtained ex parte decree. Subsequently by order dated 25-2-2000 the court below also gave police protection on an application made by the plaintiffs. Coming to know about the institution of the suit and also the police protection given to the plaintiffs, the defendant averred in the present I.A. that he was not residing at Kothwalguda village and shifted to Balanagar, due to health problems; that during middle of July 1999 he had not received any summons addressed to him at Kothwalguda village, nor he has refused any summons; that he was a regular subscriber of Eenadu newspaper; that therefore he had no knowledge of the publication of the notice in Andhra Prabha; and that he was not aware of the ex parte decree or order of police protection passed in favour of the plaintiff till the police came to the suit site on 27-6-2000 and asked his nephew to vacate the suit site.