PANDUGA VEERA REDDY Vs. BANDARU DAMODAR REDDY

JUDGEMENT

(1.) The 1st respondent filed O.S.No.13 of 2002, against the petitioner and the 2nd respondent, for recovery of a sum of Rs.1,26,000/- in the Court of Senior Civil Judge, Nagarkurnool. He invoked the procedure under Order 37 C.P.C.

(2.) Petitioner received summons in the suit. In the summons received by the petitioner it was indicated that he shall appear before the Court on 3-7-2002. Petitioner received the summons on 19-6-2002. He entered appearance before the trial Court on 3-7-2002. However, on realizing that the appearance ought to have been entered within ten days from the date of service of summons, he filed I.A. No.372 of 2002, for condonation of delay of about five days.

(3.) Petitioner filed I.A. No.394 of 2002, seeking permission to defend the suit and to file a written statement. The trial Court rejected the application through its order dated 28-9-2004, on taking the view that the petitioner did not comply with the mandatory provisions of Order 37 Rule 3 of C.P.C. (since no other Order of C.P.C., is referred to in this judgment, reference to Rules shall be treated as the one to those in Order 37) and that an application filed under Rule 5 (sic. sub-rule (5)) thereof, after expiry of ten days, cannot be considered at all. The same is challenged in this C.R.P.