RUCHITA SANGHI Vs. D ATCHUTA REDDY

JUDGEMENT

(1.) The petitioners filed O.S. No.2722 of 2004 in the Court of the learned V Senior Civil Judge, City Civil Court, Hyderabad, against the respondent for recovery of certain amount. They invoked the procedure under Order 37 C.P.C. On receipt of summons, the respondent herein entered appearance within the stipulated time. Thereupon, the petitioners took out 'summons for judgment' as required under Rule 3 of that Order. In response, the respondentfiled I.A. No.1785 of 2004 seeking permission to defend the suit. Through its order, dated 12-10-2004, the trial Court allowed the I.A. Hence, this Civil Revision Petition.

(2.) Sri Vedula Srinivas, learned counsel for the petitioners submits that the order under revision does not disclose any reasons as to whether the Court was satisfied that there exists a triable issue and that in the absence of the same, permission ought not to have been granted to the respondent. He furthercontends that no opportunity, as such, was given to the petitioners to file any counter to the I.A., and that the very purpose of invoking the summary procedure was defeated.

(3.) Though notice was served on the respondent, he has not chosen to enter appearance.