NIZAMUDDIN PEER AHMED Vs. M NAGESHWAR RAO

JUDGEMENT

(1.) These three revisions are filed by the same petitioner, aggrieved by identical orders passed by the Court of the I Additional Junior Civil Judge, City Civil Court, Secunderabad in I.A. Nos.123, 124 and 125 of 2003 filed under Order 37, Rule 4 of the Code of Civil Procedure, to set aside the decrees dated 8-1-2003 in O.S. Nos.927, 929 and 928 of 2001 respectively.

(2.) The respondent filed the above three suits against the petitioner for recovery of certain amounts on the strength of individual pro-notes. After the summons were served, the respondent filed applications under Order 37, Rule 3 C.P.C. for summary procedure. Since there was no response from the petitioner, the trial Court proceeded to decree the suits on 8-1-2003, as provided for under the said provision.

(3.) Petitioner filed the applications under Rule 4 of Order 37 C.P.C., to set aside the respective decrees. He pleaded that he has been suffering with jaundice at the relevant point of time and as such he could not instruct his Counsel to take steps. He also pleaded that summons under Rule 3 of Order 37 C.P.C. were served on his advocate and he was not aware of the same. The applications were resisted by the respondent. On consideration of the respective pleas, the Trial Court dismissed the petitions through its order