P KRISHNA YADAV Vs. M S JAYALINGAM

JUDGEMENT

(1.) The respondents filed O.S. No. 683 of 2009 in the Court of III Senior Civil Judge, City Civil Court, Hyderabad, against the petitioner, for eviction from the suit schedule premises. They have also filed I.A. No. 2129 of 2009 under Order XV-A C.P.C., with a prayer to direct the petitioner to deposit the rents. On 18.02.2010, an ex parte order was passed in I.A. No. 2129 of 2009, directing that the petitioner shall deposit the arrears of rents from February, 2008, at the rate of Rs. 21,000/- per month, on or before 08.03.2010. On the ground that the order was not complied with, the defence of the petitioner was struck off. At that stage, the petitioner filed I.A. No. 575 of 2010 with a prayer to set aside the ex parte order in I.A. No. 2129 of 2009. That was dismissed on 19.11.2010. C.M.A. filed against the order in I.A. No. 575 of 2010 is said to have been dismissed. Once the order in I.A. No. 2129 of 2009 became final, the trial Court decreed the suit on 02.06.2011, solely on the ground that the defence of the petitioner was struck off.

(2.) The petitioner filed I.A. No. 621 of 2011 under Order IX Rule 13 C.P.C., with a prayer to set aside the ex parte decree, dated 02.06.2011. The application was opposed by the respondents. The trial Court dismissed the I.A., through order, dated 20.09.2011. Hence, this revision.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.