MANNAM SUBBA RAO Vs. KOMML POLIAH NAIDU

JUDGEMENT

(1.) This appeal has been preferred against in order passed by the learned Subordidate Judge Kandukur, in an application under Order 9 Rule 13, Civil Procedure Code, to set aside the exparte decree passed on 12-4-1973 in O.S. No. 61 of 1971 on his file.

(2.) In the affidavit filed in support of the application filed in the lower Court, the petitioner stated that due to Andhra State Agitation the suit. was adjourned from time to time, that he went to Hyderabad in the second week of April, 1973 on his personal work, that he fell sick there, chat he was admitted in a private dispensary for nearly 25 days, that after his discharge he came over to Kandukur and when he inquired, he came to know that the suit was called on 12-4 |973 after the priod of strike, and that he was set exparte and an exparte decree was passed in favour of the respondent. He, therefore, says that his failure to attend the Court on 12-4-1973 was due to his illness at Hyderabad and not due to any negligence or carelessness on his part.

(3.) The respondents herein disputed his allegation in their counter. They stated that it was false that the petitioner was away at Hyderabad or that he fell sick there or chat he was admitted in a private dispensary etc Previously on 10-12-1971. the suit was decreed exparte against the defendant and on a petition filed by him it was set aside. The petitioner therefore is In the habir of filing the petition after the suit is decreed exparte.