MD. SUNEER Vs. RAMANJANEYULU

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Order dtd. 9/3/2023 passed in I.A.No.43 of 2023 in C.O.S.No.13 of 2022 on the file of Special Court for Trial and Disposal of Commercial Disputes, Vijayawada.

(2.) Sri K.V.L.Narasimha Rao, learned counsel for the petitioner/defendant submits that the respondent/plaintiff filed the suit against the petitioner/defendant vide C.O.S.No.13 of 2022. The said suit is a commercial suit. Summons were sent to the defendant directing to appear in- person on 20/2/2023. Accordingly, he sent his vakalat through Registered Post to his counsel and the said vakalat was delivered to his counsel on 23/2/2023 and due to lack of vakalat and instructions from him, his counsel at Vijayawada was unable to represent the matter on 20/2/2023 before the trial Court. The trial Court was pleased to pass an order setting him exparte as no representation in the matter. An application is filed to set aside the order on the ground that the non-representation of the matter neither wanton nor deliberate and it was only due to late arrival of his signed vakalat, his counsel at Vijayawada could not file the same.

(3.) As against the same, Sri J.U.M.V.Prasad, learned counsel for the respondent/plaintiff contends that the petitioner/defendant has sent the vakalat through speed post and it was received by his advocate on 23/2/2023, but he did not mention the date when he had sent the vakalat through post and that petitioner/defendant has dispatched the vakalat through speed post on 21/2/2023 i.e., day after he was set exparte on 20/2/2023. Concealing the said fact, he simply stated that vakalat was received by the advocate on 23/2/2023. Thereby, he attempted to mislead the Court by suppressing the facts.