VEERAPANENI RAJ KUMAR Vs. MANDAPATI SRINIVASARAJU, PRAKASAM DIST.

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/ defendant under Article 227 of the Constitution of India against the Orders passed by the learned Senior Civil Judge, Kandukur, in I.A.No.925 of 2010 in O.S.No.131 of 2008 dtd. 16/4/2012, wherein and whereby the learned trial Judge while allowing the petition filed by the petitioner under Order IX, Rule 13 of CPC, imposed condition to deposit suit costs, besides 1/4thof the suit amount and also directed to pay costs of Rs.200.00 to MLSA and costs of Rs.200.00 to the respondent, on or before 25/4/2012.

(2.) The case of the revision petitioner before the trial Court in brief is that the respondent filed suit against him, wherein the Court below passed an ex-parte decree on 18/8/2010, as he has not filed written statement as he was suffering from viral fever and he was set ex-parte in the suit on 1/6/2009. He submits that after he was set ex-parte in the suit, which was posted for plaintiff's evidence, on 8/6/2009, 17/6/2009 and 23/6/2009, but the respondent not filed his chief-examination affidavit, and then the suit was dismissed for default on 23/6/2009 and thereafter the respondent filed petition to restore the suit, wherein he filed counter, on 20/7/2010 and then the Court below allowed the petition filed by the respondent and restored the suit on 18/8/2010 and decreed the suit on the same day.

(3.) It is the contention of the petitioner that he was regularly contacting his counsel, who informed that IA No.674 of 2009 was pending and after allowing the petition filed by the respondent, he will file detailed written statement along with petition, but the Court has not given any opportunity to him to file written statement, or time to file a petition and decreed the suit on 18/8/2010, after allowing the petition filed by the petitioner to restore the suit. He submits that about two days back he personally approached his counsel, who informed that suit was decreed ex-parte on 18/8/2010 and then he filed petition to set aside the ex-parte decree.