MADASU VENKATA PRASADA RAO Vs. MADASU ASHA LATHA

JUDGEMENT

(1.) This civil revision petition under Article 227 of the Constitution arises out of the order dated 11.02.2015 passed by the learned III Additional District Judge, Bhimavaram, in I.A. No. 626 of 2014 in O.S. No. 367 of 2012. The said I.A. was filed by the petitioner herein, being the defendant in the suit, under Order 9 Rule 13 CPC to set aside the ex parte decree dated 10.06.2014 passed in the suit. By the order under revision, the trial Court allowed the I.A. subject to deposit of half the suit amount. Aggrieved by the condition imposed, the defendant in the suit is before this Court.

(2.) The suit, O.S. No. 367 of 2012, was filed for recovery of a sum of Rs. 9,94,776/ - with subsequent interest on the principal amount of Rs. 7,30,000/ - at the rate of 24% per annum from the date of the suit till the date of realization and for costs. The suit was decreed ex parte on 10.06.2014 and the defendant in the suit, the petitioner herein, filed the subject I.A. on 04.07.2014 stating that due to non -availability of leave and as he was suffering from ill health, he could not meet his counsel and give necessary instructions. He therefore prayed for setting aside the ex parte decree and to give him an opportunity to contest the suit by filing his written statement.

(3.) As the petitioner/defendant failed to file any medical proof in support of his alleged ill health and also did not adduce evidence to show as to when he applied for leave and when it was sanctioned, the trial Court opined that the subject I.A. had only been filed to drag on the proceedings. Holding so, the trial Court opined that if the petitioner/defendant had any good ground to contest the suit, he would have to deposit half the suit amount. Subject to the said condition, the I.A. was allowed. It appears that on 25.03.2015, taking note of the fact that the amount had not been deposited, the I.A. was dismissed. This civil revision petition was filed before this Court on 09.06.2015.