POLASANI SUCHARITHA Vs. MARGADARSI CHIT FUND LTD

JUDGEMENT

(1.) The reference arose out of the order of the learned Single Judge for determination of issues arising out of Order IX Rule 13 of the Code of Civil Procedure (for short "C.P.C.") in view of the contradictory judgments on the interpretation of the provision.

(2.) In LA. No.1916 of 1999 in O.S. No.282 of 1998 on the file of the Principal Junior Civil Judge's Court at Karimnagar, the ex parte decree in the suit dated 22-7-1999 was requested to be set aside, which was resisted by the plaintiff. The trial Court passed an order on 21-12-1999 on perusing and considering the averments that the petitioner shall deposit Rs. 10,112/- without prejudice to her rights and averments raised in the written statement on or before 21-1-2000 and ordered the petition to be called on the said date for compliance. The same is challenged in CRP No.379 of 2000 as being in excess of jurisdiction and materially irregular without following the precedents from the apex Court and this Court. When the revision came up for hearing, the learned Single Judge passed the order leading to this reference.

(3.) Sri Ashok Anand Kumar, learned Counsel for the petitioner and Sri A. V. Sesha Sai, learned Counsel for the 1st respondent- plaintiff extended their able assistance to the Court by placing the relevant decisional law in respect of the scope and ambit of Order IX Rule 13 C.P.C.