SHOBA JAISWAL Vs. SATYANARAYANA KAKDA

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 1.3.2004 passed by the Additional Chief Judge, City Small Causes Court at Hyderabad in LA. No.377 of 1999 in S.C. No.49 of 1998.

(2.) The petitioner claims to be the owner of non-residential premises and that the respondent is her tenant. She initiated proceedings to evict the respondent. She also filed a small cause suit being S.C. No.49 of 1998 for recovery of arrears of rent from March to July, 1995. That suit was decreed ex parte on 3.7.1998.

(3.) The respondent filed an application under Order IX Rule 13 C.P.C. to set aside the ex parte decree. Since there was delay of 300 days in filing the application, he filed LA. No.377 of 1999 under Section 5 of the Limitation Act. The petitioner resisted the same. Through order dated 1.3.2004, the Trial Court allowed the LA. and condoned the delay.