NAMBURI CHENNA REDDY Vs. DEVIREDDY KOTAREDDY

JUDGEMENT

(1.) This revision presents an instance of undue delay on the part of the Court, even to dispose of the IA. filed under Order 9 Rule 13 CPC, resulting in prejudice to both the parties.

(2.) The petitioner herein filed O.S. No.280 of 1986 in the Court of Principal Junior Civil Judge, Kavali, against the respondents herein for perpetual injunction. The trial of the suit commenced sometime in the year 1981. PW.1 was examined as a witness. PW.2 was examined in chief and his cross-examination was due on 31-10-1991. A representation was made on that day on behalf of the respondents that their Counsel went to the District Head Quarters to conduct a Sessions Case and they submitted an application seeking adjournment. The trial Court passed an order on that day itself rejecting the request, setting the respondents ex-parte and decreed the suit as prayed for.

(3.) Soon thereafter, the respondents filed I.A.No.11 of 1992, under Order 9 Rule 13 CPC, to set aside the ex-parte decree, dated 3-10-1991. The trial Court took nine years to reject their application on the ground that it is not maintainable, since the order, dated 3-10-1991, attracts Order 17 Rule 3 CPC.