ZAHOOR BEE Vs. UNKONDA VENKATAIAH

JUDGEMENT

(1.) If one is looking for an instance in the field of law, for application of the adage "a stitch in time, saves nine", the present case provides for one. In fact, the concerned Court omitted to put the stitches on more than one occasion, and the loss was substantial. The saga is spread over, one year short of quarter of a century.

(2.) The respondent herein filed O.S.No.84 of 1982 in the Court of Subordinate Judge, Karimnagar, against the appellants, for the relief of declaration of title in respect of 35 guntas of land in Survey No.689 of Peddapally Village and for recovery of damages of Rs.46,000/-. A new Sub-Court, now known as the Court of Senior Civil Judge, was established at Peddapally. Therefore, the suit was transferred to that Court and re-numbered as O.S.No.39 of 1987. Shortly thereafter, it was dismissed for default on 7-7-1987.

(3.) The respondent filed I.A.No.365 of 1987 under Order 9 Rule 9 C.P.C., for setting aside the order, dated 7-7-1987. The LA. was kept pending for about six years. On 5-7-1993, the trial Court not only allowed the I.A., but proceeded to decree the suit ex parte. Now, it came to the turn of the appellants to file an application, being I.A.No.431 of 1993, under Order 9 Rule 13 C.P.C. to set aside the ex parte decree. The I.A. was dismissed on 28-9-2002. Hence, this C.M.A.