KURIVELLA RAMA RAO Vs. KURIVELLA KRISHNA RAO

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred impugning order dtd. 2/9/2009 dismissing I.A. No.1884 of 2008, filed by the petitioner under Order 9 Rule 13 of C.P.C. to set aside the ex-parte decree dtd. 30/9/2005 in O.S. No.359 of 2005 on the file of the Principal Senior Civil Judge, Guntur (henceforth trial Court).

(2.) Appellant No.1 was the defendant and the respondent was the plaintiff before the trial Court in O.S. No.359 of 2005. The suit was decreed ex-parte in favour of the plaintiff and subsequently, I.A. No.1884 of 2008 was filed by the defendant seeking to set aside the ex-parte decree.

(3.) For the sake of convenience, the parties hereinafter will be referred to as they arrayed before the trial Court. During pendency of the appeal, as the sole Appellant died, Appellant Nos.,2 to 4, who are sons of the 1st Appellant came on record as his legal representatives.