AZMATH BAIG Vs. T NARESH KUMAR SINGH

JUDGEMENT

(1.) The present C.R.P. is filed against the order made in I.A.No. 2377/2005 in O.S.No.1192/2000 on the file of II Additional Junior Civil Judge, Warangal which was filed under Order IX Rule 7 C.P.C. to set aside the exparte orders against the petitioners there in and to receive the written statement.

(2.) Sri Wasim Ahmed Khan, the learned Counsel representing the revision petitioner would maintain that after a long lapse of time when the matter was reopened for the purpose of just producing certain citations, defendants 5 and 6 in the main suit who were set ex parte on 2-8-2002, after a lapse of more than 3 years, had moved an application to set aside the ex parte order and the same was allowed by the learned Judge by imposing some costs. The learned Counsel placed reliance on certain decisions and would maintain that the impugned order cannot be sustained.

(3.) Per contra, Sri P. Pankaja Reddy, the learned Counsel representing the contesting respondents would maintain that the learned Judge exercised the discretion and in fact there was change of Counsel and that was the reason why this application was filed to set aside the exparte order by D-5 and D-6 and f urther two applications also had been moved which were allowed and as against those orders C.R.P.Nos.5486/2005 and 5559/2005 had been preferred before this Court.