REDDY RAMA KRISHNA REDDY Vs. NARAYANA ADI REDDY

JUDGEMENT

(1.) The respondent filed O.S.No.240 of 2005 in the Court of Junior Civil Judge, Suryapet, against the petitioner, for recovery of a sum of Rs.86,000/-. The first date of appearance in the suit was fixed as 23-1-2006. The petitioner states that though he received the summons in the suit, he could not appear before the trial Court on 23-1 -2006, since his aged mother has seriously fallen ill. The trial Court decreed the suit ex parte, on the date of first date of appearance itself.

(2.) The petitioner filed I.A.No.105 of 2006 under Order IX Rule 13 C.P.C., with a prayer to set aside the ex pane decree, pleading that he could not appear on 23-1-2006, on account of serious illness of his mother. The trial Court dismissed the LA. Aggrieved thereby, the petitioner filed C.M.A.No. 7 of 2006 before the II Additional District Judge, Nalgonda at Suryapat. The appeal was dismissed on T7-11-2006. Hence, this Civil Revision Petition.

(3.) Sri M. Rajamalla Reddy, the learned counsel for the petitioner submits that the petitioner is living with his mother and there was none to assist them. He states that the failure of the petitioner, to appear before the trial Court on 23-1-2006, was on account of the serious illness of his mother and the Courts below have proceeded in a hyper technical manner. He contends that the trial Court has exhibited undue haste, in not only decreeing the suit instantly but also taking further steps in the E.P.