PRADYUT WAGHRAY Vs. MARGADARSHI CHIT FUND PVT. LTD.

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal arises out of order, dated 28.04.2014, in I.A. No. 239 of 2013 in O.S. No. 100 of 2009 on the file of the learned Principal District Judge, Warangal.

(2.) THE petitioner is defendant No. 2 in the above -mentioned suit filed by respondent No. 1 for recovery of money. Respondent No. 2 is the principal borrower and the appellant along with respondent Nos. 3 to 6 is the guarantor. Except the appellant, all other respondents, including the principal borrower, have remained ex parte. The appellant has filed a counter -affidavit and contested the suit.

(3.) THE appellant has filed I.A. No. 239 of 2013 under Order IX Rule 113 of the Code of Civil Procedure, within the period of limitation, for setting aside the said ex parte decree.