SAHABZADI AMINA MARZIA Vs. SHAHEEN AGA

JUDGEMENT

(1.) THE petitioner filed O.S No. 173 of 2002 in the Court of Chief Judge, City Civil Court, Hyderabad for the relief of cancellation of compromise decree in O.S No. 1706 of 1994 dated 06 -03 -1995 passed by the Court of V Senior Civil Judge, City Civil Court, Hyderabad; for declaration that the irrevocable General Power of Attorney and the deed of assignment dated 27 -12 -1991 are not binding upon her and for other consequential reliefs including the one of recovery of Rs.1,13,59,931/ - from the respondents. An ex parte decree was passed by the trial Court on 29 -04 -2004.

(2.) ON coming to know that an ex parte decree was passed against them, defendant Nos.3 and 2 i.e., respondent Nos.1 and 2 herein filed an application under Order IX Rule 13 CPC. Since there was a delay of 824 days in presenting the application, they filed I.A No. 2324 of 2007 under Section 5 of the Limitation Act. It was pleaded that they have not been served with any summons at all and even on verification of the record of the Court, it emerged that they were set ex parte without even ensuring that the summons are served. The I.A was opposed by the petitioner by filing a detailed counter. She stated that the summons were served in accordance with law and the plea of respondent Nos.1 and 2 is not correct. The trial Court allowed the I.A through order dated 26 -11 -2012. Hence this revision.

(3.) HEARD Sri P. Venugopal, learned Advocate General for the petitioner and Sri K.K. Waghray, learned counsel for the respondents.