JANGANA RAJENDRA KUMAR Vs. BASAVA SRINIVAS

JUDGEMENT

(1.) This Civil Revision Petition is filed against Order, dated 28-02-2012, in IA.No.184 of 2011 in OS.No.99 of 2008, on the file of the Court of the learned Senior Civil Judge, Yelamanchili.

(2.) The petitioner is the defendant in the aforesaid suit filed by the respondent for recovery of money on the foot of a promissory note. After entering appearance in pursuance of the suit summons, he failed to file written statement. On 02-01-2009, the case was adjourned on costs of Rs.100/- for not filing written statement by the petitioner. Subsequently, as the petitioner did not file the written statement, and he was called absent, he was set ex parte. After the suit was adjourned on five occasions from 02-01-2009, the same was decreed on 09-03-2009 for a sum of Rs.1,42,199/- with future interest. Thereafter, the petitioner filed IA.No.184 of 2011 under Section 5 of the Limitation Act, 1963, for condonation of delay of 681 days in filing an application to set aside the ex parte decree. The said application was dismissed by the lower Court by the Order under revision.

(3.) At the hearing, Mr.GVS.Kishore Kumar, learned Counsel for the petitioner, submitted that the suit pronote is a rank forgery and that the denial of the opportunity to the petitioner to contest the suit on merits, would cause serious failure of justice.