DUVVURU SARASCHANDRA Vs. SAKARIA SUEKHA

JUDGEMENT

(1.) As the issue involved in these three matters is one and the same, these matters are taken up together for disposal by this Common Order.

(2.) Originally, the suit in O.S.No.196 of 2016 was filed by the plaintiff for recovery of amount of Rs.20,16,209.00 on the file of I Additional District Judge, Nellore (for short "the Court below") from the defendants together with costs. When the suit was posted on 2/12/2021 for trial, the plaintiff filed PW.1 affidavit and all documents were marked. However, as the defendants called absent on that day, they were made set ex parte and the matter was posted for judgment on 15/12/2021. When the defendants came to know that the matter was posted for judgment, immediately they moved the present impugned applications vide I.A No.436 of 2021 under Order IX Rule 9 CPC read with Sec. 151 CPC seeking to set aside the ex parte order dtd. 2/12/2021; I.A No.437of 201 under Sec. 151 CPPPC seeking to reopen the above suit for cross examination of PW.1 and PW.2 and for costs and I.A No.438 of 2021 under Order XVIII Rule 17 CPC read with Sec. 151 CPC seeking to recall PW1 and PW.2 for the purpose of cross examination. The same were dismissed by the Court below vide common order dtd. 4/1/2022. Aggrieved by the same, the present three matters came to be filed.

(3.) Heard Sri V. Siva Prasad Reddy, learned counsel for the appellant/petitioners and Sri S. Harinadha Reddy, learned counsel for the respondents.