K RAMESH BABU Vs. BANK OF INDIA CHITTOOR

JUDGEMENT

(1.) Heard both sides.

(2.) The petitioner, who is the defendant, seeks to assail the order passedby the learned I Additional District Judge, Chittoor in C.M.A.No. 44 of 2000 dated 4-6-2001 confirming the order passed by the learned II Additional Junior Civil Judge, Chittoor in I.A.No. 306 of 1999 in O.S.No. 976 of 1998 dated 1-5-2000.

(3.) The respondent herein filed the suit against the petitioner for recovery of money. The said suit was posted for filing written statement on 12-2-1999 and the petitioner could not file written statement on that day and as such the matter was posted for plaintiff's evidence on 5-3-1999 and an ex parte decree was passed on 9-7-1999. At that stage, the petitioner filed I.A.No. 306 of 1999 under Order 9 Rule 13 of the Code of Civil Procedure seeking to set aside the ex parte decree passed on 9-7-1999 and receive the written statement and permit him to contest the suit on merits. The trial Court on a consideration of the entire material available on record dismissed the said application holding that there are no sufficient grounds to set aside the ex parte decree. Aggrieved by the said order, the petitioner preferred C.M.A.No. 44 of 2000 before the I Additional District Judge, Chittoor and the same was dismissed by order dated 4-6-2001. It is against this order, the prestnt revision is filed.