VADLAPOODI VENKATA SURESH BABU Vs. GADAMSETTY KIRAN KUMAR

JUDGEMENT

(1.) The present Civil Revision Petition is filed questioning the Order dtd. 21/10/2020 in I.A.No.121 of 2020 in O.S.No.14 of 2014 in C.F.No.1569 of 2019 passed by the I Additional District Judge, Nellore, SPSR Nellore District.

(2.) The Petitioners are the Defendants. The suit O.S.No.14 of 2014 was filed by the Respondent/Plaintiff for recovery of money on the basis of the Mortgage Deed said to have been executed by the Petitioners/Defendants. A preliminary decree was passed ex parte on 23/1/2017.

(3.) While so, the Petitioners/Defendants filed I.A.No.121 of 2020 seeking to set-aside the ex parte decree under Order 9, Rule 13 CPC, wherein the reason given by the Petitioners/Defendants was that though they had engaged an Advocate, they could not file their Written Statement due to the illness of Petitioner No.3. Due to illness and old age related ailments, the Petitioner No.3 had to shift her family to Kaza Village of Guntur District for treatment. It was only when their Advocate informed about the suit being decreed ex parte, the present application was filed to set-aside the ex parte decree and this application was returned by the trial Court, as to how the petition is maintainable, since the suit was disposed of on contest.