P MUNIRATHAM REDDY Vs. B MUNIRATHNAM REDDY

JUDGEMENT

(1.) The petitioners challenge the order, dated 6-1-2003, passed by the learned Principal Senior Civil Judge, Tirupati, in LA. No. 134 of 1999 in O.S. No.333 of 1997.

(2.) The respondent filed the suit against the petitioners, for the relief of recovery of damages and compensation, on the allegation that both the petitioners deposed against him in some other proceedings, and thereby, he sustained loss. The suit was decreed ex parte on 4-2-1998 and thereafter, E.P.No.34 of 1998 was filed.

(3.) The petitioners filed an application under Order DC Rule 13 C.P.C. for setting aside the ex parte decree, dated 4-2-1998. Since there was delay of 269 days in filling the said application, the petitioners filed I.A.No.134 of 1999 under Section 5 of the Limitation Act. The petitioners pleaded that soon after they received summons in the suit, they engaged an Advocate and in the meanwhile, the well-wishers of both the parties have advised for mediation. They allege that mediation has taken place, and both the parties were advised not to proceed with the suit, till the matter is settled; and despite the same, the respondent proceeded with the suit and obtained the ex parte decree. The petitioners pleaded that soon after they received notice in E.P. No.34 of 1998, they verified the matter and filed application.