VAKATI PRABHAKAR REDDY Vs. TENALI MOHAN RAO

JUDGEMENT

(1.) The fourth defendant in O.S.No.87 of 1990 on the file of the learned Senior Civil Judge, Nellore is the appellant in this Letters Patent Appeal. The respondent-plaintiff filed the said suit against the appellant who is the fourth defendant and three others including the State of A.P. as defendants 1 to 3 for recovery of Rs. 1,98,774/-. The appellant herein having entered his appearance through his Advocate failed to file his written statement. The appellant was accordingly set ex parte by the trial Court on 3-12-1990. Thereafter he filed I.A.No.59 of 1991 purported to be under Rule 7 of Order IX C.P.C. to set aside the ex parte order against him. The learned trial Judge allowed the said application and the order setting him ex parte was set aside. Thereafter the matter under went several adjournments in order to enable the appellant herein to file his written statement. The appellant herein did not file his written statement till 13-12-1991 and did not even pay the costs imposed against him. The trial court listed the matter for framing of issues, however without passing any order setting the appellant herein ex parte.

(2.) The trial court by its Judgment dated 28-1-1996 dismissed the suit filed by the respondent-plaintiff as against the defendants 1 to 3 but decreed the suit as against the appellant for the amount claimed by the plaintiff.

(3.) The appellant filed LA. No. 374 of 1997 with a prayer to set aside the ex parte decree passed by the trial court. It is not necessary to notice the reasons stated by the appellant in the affidavit filed in support of the said application. Suffice it to notice that the respondent herein opposed the application filed by the appellant. The respondent herein contended that the decree against the appellant is not an ex parte decree and the petition to set aside the ex parte decree itself is hopelessly barred by time. The respondent herein also contended that the appellant herein all through has been negligent in prosecuting the matter. The decree passed against the appellant herein cannot be set aside, is the case of the respondent.