D. DHANALAKSHMI Vs. N.P.BALARAJA NAIDU

JUDGEMENT

(1.) Heard Sri Maheswara Rao Kuncheam, learned counsel for the petitioner and perused the material on record.

(2.) The plaintiff/1st respondent, by name, Sri N.P. Balaraja Naidu (the deceased) filed O.S.No.89 of 2015 against the present 4th respondent/1st defendant, by name, Sri M. Jyotheswara Naidu, for specific performance of contract, on the file of the V Additional District Judge's Court, Tirupati. The suit was filed on 8/4/2015. The 1st defendant, pending the suit, executed sale deed on 27/5/2015 in favour of the present 2nd respondent. The 2nd defendant executed sale deed in favour of the present 3rd respondent on 5/6/2015. The 1 st defendant filed written statement on 3/8/2015. Later on, the plaintiff filed I.A.No.461 of 2016 to implead defendants Nos.2 and 3 as parties in the suit, which was allowed. The suit is pending.

(3.) In the suit, by order, dtd. 31/1/2020, the Court passed the order to proceed ex parte against the petitioner/3rd defendant. The petitioner/3rd defendant Smt. D. Dhanalakshmi filed I.A.No.235 of 2023 under Order 9 Rule 7 CPC read with Sec. 151 CPC to set aside the order dtd. 31/1/2020, along with the written statement with permission to receive the same. I.A.No.235 of 2023 was filed on 9/3/2023, after more than 3 years of the order, dtd. 31/1/2020.