GUNDAMARAJU SRAVAN KUMAR Vs. YEDUDODLA NARSI REDDY

JUDGEMENT

(1.) The petitioner filed O.S.No. 73 of 2002 on the file of the Senior Civil Judge at Nalgonda, against the respondent for recovery of a sum of Rs. 2,76,760.00. Summons in the suit are said to have been served on the respondent on 24-09-2002. The respondent did not choose to file written statement even after the expiry of the time stipulated under Rule 1 of Order 8 of the Code of Civil Procedure (for short 'the Code') as amended by Act 22 of 2002 of the Parliament. He was set ex parte on 14-02-2003.

(2.) The respondent filed I.A.No. 138 of 2003 under Order 9 Rule 7 read with Sec.151 of the Code of Civil Procedure to set aside the Order dated 14-02-2003 and to permit him to file written statement. The LA. was allowed and the written statement was received on the same day. The petitioner challenges the order in I.A.No. 138 of 2003.

(3.) Learned Counsel for the petitioner submits that once the respondent failed to submit his written statement within the stipulated time under Rule 1 of Order 8 of the Code, it was not competent for the court to receive the same, that too, without recording reasons. He further contends that the trial court did not assign any reasons for setting aside the order dated 14-02-2003.