B RAJESHWAR RAO Vs. G B TILAK

JUDGEMENT

(1.) The petitioner filed OS No. 120 of 2002, in the Court of III Senior Civil Judge, City Civil Court, Secunderabad for recovery of a sum of Rs.2,21,000/- against the sole respondent, by having recourse to the proceedings under Order 37 Rule 4 C.P.C. The trial Court issued summons to the respondent. Since he did not turn up within 10 days from the date of service of summons, it passed a Judgment and Decree dated 11-6-2002, under Rule 2 of Order 37.

(2.) The respondent filed IA No. 1929 of 2003 under Rule 4, Order 37 CPC, to set aside the decree dated 11-6-2002. He pleaded that the summons issued by him indicated as though he was required to appear before the trial Court on 7-6-2002 and being under that impression, he approached the Court with a vakalat on 7-6-2002, but he was informed of the fact that the vakalat cannot be received at that stage. He pleaded that, on realizing that the procedure under Order 37 was invoked, an application was filed, to set aside the ex parte decree.

(3.) The application was opposed by the petitioner on several grounds, including the one, as to maintainability. Through its order dated 6-1-2004, the trial Court allowed the application. Hence, this revision.