J SRINIVASA RAO Vs. N V SUBBA RAO

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution arises out of the order dated 28.03.2016 passed by the learned Principal District Judge, Ranga Reddy District at L.B.Nagar, Hyderabad, in I.A.No.3135 of 2015 in I.A.No.3099 of 2014 in O.S.No.775 of 2013.

(2.) The petitioner is the defendant in the said suit which was filed for recovery of money. The suit was decreed ex parte on 04.10.2013. Thereupon, the petitioner/defendant filed I.A.No.2 of 2014 therein seeking condonation of the delay in seeking the setting aside of the ex parte decree. The I.A. was allowed by the trial Court on 17.12.2014. Thereupon, the 'set aside decree' application filed by the petitioner/defendant was numbered as I.A.No.3099 of 2014 and notice was ordered thereon to the respondent/plaintiff. However, as the petitioner/defendant failed to take steps to serve the notice and did not even appear before the trial Court, the I.A. was dismissed for default on 21.04.2015.

(3.) The respondent/plaintiff thereafter sought transfer of the said decree to the Court of the learned I Additional District Judge, Ongole, for execution. After transfer of the decree, the respondent/plaintiff filed E.P.Nos.48 and 59 of 2015 before the learned I Additional District Judge, Ongole. Notice was ordered therein to the petitioner/defendant. At that stage, the petitioner/defendant filed the subject I.A. under Section 5 of the Limitation Act, 1963, to condone the delay of 160 days in seeking restoration of I.A.No.3099 of 2014 filed to set aside the ex parte decree. By the order under revision, the trial Court dismissed the application. Hence, this CRP.