T. MOHAN BABU Vs. S. NOORJAHAN

JUDGEMENT

(1.) The petitioner herein had filed O.S.No.395 of 2008 in relation to the suit schedule property, admeasures 18.67 sq.yards in Yadamari Grama panchayat and Mandal, Chittoor District, before the II Additional Junior Civil Judge Chittoor against the respondent herein and her brother. An ex parte decree was passed in this suit on 22/04/2009. Thereafter, the respondent had approached the trial Court, by way of I.A.No.142 of 2015, seeking condonation of delay of 2131 days in filing the petition under Order IX Rule 13 of C.P.C. to set aside the ex parte decree passed on 22/04/2009. The contention raised by the petitioner was that she did not receive the summons from the Court and as such, her absence before the Court was due to ignorance of the pendency of the suit until summons in E.P.No.41 of 2013 had been given to her when the petitioner herein sought to execute the ex parte decree of 22/04/2009.

(2.) The petitioner herein contested the said application by contending that the Respondent refused to take the suit summons on 10/9/2018 from the Court Amin and as well as the summons sent by post by showing as if the door of the house was locked. Thereafter, even though the concerned post man had informed the daughter of the respondent about the suit summons, she refused to take the summons and hence this summons by post were returned to the Court. The petitioner also contended that the respondent herein admits that notice was served on her on 22/1/2014 in E.P.No.41 of 2013, but does not explain the delay from that day till the filing of I.A.No.142 of 2015 on 04/03/2015.

(3.) The respondent herein contends that she is residing at D.No.1-175, Elementary School Street, Yadamari Village whereas the plaint did not mention the door number or street number where she was residing and obviously the suit summons sent through post would not have reached her. She also contended that the Court Amin acted in favour of the petitioner herein.