M SARASWATHI Vs. MANDAL REVENUE OFFICER NAGAR

JUDGEMENT

(1.) The petitioners filed O.S. No.98 of 2003 in the Court of the Junior Civil Judge, Nagarkurnool, for declaration in respect of the suit schedule property and consequential injunction. They also filed I.A. No.309 of 2003 under Order 39 Rules 1 and 2 of C.P.C., for grant of temporary injunction. The Trial Court ordered notice to the respondents. Since the respondents were officials and agents of the Government, the process server of the Court sought to serve the notice on the Assistant Government Pleader appointed for that Court. He refused to receive the notice on the ground that two more copies were not attached.

(2.) The matter came up for enquiry on 14-11-2003. On that day, the Trial Court took note of the endorsements and treated that there was proper service on the respondents in view of the provisions of Order 27, Rule 4 and Order 5, Rule 12 of C.P.C. Thereafter, it allowed the LA.

(3.) The respondents filed LA. No.315 of 2003 under Order 9, Rule 13 of C.P.C., to set aside the order, dated 14-11-2003. They pleaded that they were set ex parte and an ex parte order of temporary injunction was passed. The manner in which the notices were sought to be served etc., were pleaded. The petitioners raised an objection that the only course open to the respondents is to file an appeal against the order, dated 14-11-2003 in I.A.No.309 of 2003, or to seek adjudication of the matter on merits. It was their case that provisions of Order 9, Rule 13 of C.P.C., do not apply to the proceedings under Order 39, Rules 1 and 2 of C.P.C. The Trial Court accepted the plea raised by the petitioners and dismissed LA. No.315 of 2003, through its order, dated 10-12-2003. Aggrieved thereby, the respondents filed C.M.A. No.1 of 2004 in the Court of the Senior Civil Judge, Nagarkurnool. The learned Senior Civil Judge allowed the C.M.A., setting aside the order passed in LA. No,315 of 2003. The learned Judge observed that the respondents ought to have been given an opportunity to contest LA. No.309 of 2003 on merits.