GANGULA BUTCHI REDDY Vs. GANGULA VASUDEVA REDDY

JUDGEMENT

(1.) Defendants 2 and 3 are the appellants in this appeal against the exparte decree passed in the suit. It is necessary to state a few facts.

(2.) On 3-10-1969, the suit for partition was filed On 2-1-1970 the appellants herein appeared in person. On 4-1-1971 summons on the 1st defendant in the suit was served. The first defendar. who is no other ihan the father of the plaintiff admitlf d the plaintiff's claim. On 8-2-1971, the appellants herein to whom time was given fcr filing a written statement failed to do so and they were set exparre. On that day the plaintiff examined himself and two other witnesses as P.Ws. 1 to 3 and Ex.A. 1 to A 3 were marked on his behalf. An exparte decree was passed in the suit. On 5-3-71 the appellants herein thereupon filed I.A.No.72 of 1971 under order IX Rule I 3 C.P.C. to set aside the said exparte decree. The said petition was allowed on 9-9-71 and the suit was posted for written statement to 27-9-71. As there was no presiding Judge on that day, the suit was adjourned. As the written statement was not filed, it was adjourned to 8-11.1971 for the written statement of the appellants herein. On that date as the defendants 2 and 3 failed to file their written statements, the learned judge again set them exparte and passed a judgmant in the following terms;

(3.) A preliminary decree followed in pursuance of this judgment. It is this decree that is nsw challenged in this appeal.