BERGER PAINTS INDIA LTD Vs. SYED VICARUDDIN

JUDGEMENT

(1.) This C.M.A is filed against the order, dated 25.3.2004, passed by the learned V Senior Civil Judge, City Civil Court, Hyderabad, in IA No. 1498 of 2003 in O.S. No. 1834 of 2002.

(2.) The respondent is the owner of a non-residential premises. He leased the same to the appellants. Disputes arose as to the termination of the lease and the consequences arising out of the vacation of the premises. The respondent filed the suit for recovery of a sum of Rs.4,54,384/-, towards damages of different categories, against the appellants. On the ground that they have not filed the written statement even after entering appearance, the appellants were set ex parte on 18.7.2003. Thereafter, the Trial Court proceeded to decree the suit on the basis of an affidavit filed, in lieu of chief-examination, on 2.9.2003.

(3.) The appellants filed LA. No. 1498 of 2003 under Order 9 Rule 13 C.P.C., to set aside the ex parte decree. It was pleaded that the local Administrative Officer, who was looking after the litigation, has resigned in the month of July, 2003, and others were not conversant with the matter, to brief the Counsel. The dependent stated that he appointed as Administrative Officer in the month of September, 2003, and soon thereafter, he has filed this application on realizing that the suit decreed ex parte. The Trial Court dismissed the application.