P. BUCHANNA Vs. B. YADAGIRI

JUDGEMENT

(1.) This Revision Petition under Sec. 115 Civil P.C. arises out of the order dated 07.11.2016 of the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, in I.A.No. 1156 of 2014 in O.S.No.555 of 2013. The said suit was filed by the respondent herein for specific performance of the alleged agreement of sale dated 13.10.2012 and was decreed ex parte on 01.04.2014. The petitioner herein, the defendant in the suit, filed I.A.No.1156 of 2013 therein under Order 9, Rule 13 Civil P.C. to set aside the said ex parte decree by condoning the delay of 189 days in applying for the same. By the order under revision, the Court below dismissed the said I.A.

(2.) Conventional means of service having failed, substituted service of notice was effected upon the respondent/plaintiff by publication thereof in Eenadu Telugu Daily newspaper, L.B.Nagar Edition. The respondent/plaintiff however did not choose to enter his appearance before this Court either in person or through counsel.

(3.) Perusal of the order under revision reflects that the Court below dismissed the I.A mainly on the ground that the petitioner/ defendant had failed to file separate applications, one under Sec. 5 of the Limitation Act, 1963, seeking condonation of delay, and the other under Order 9, Rule 13 Civil P.C. to set aside the ex parte decree. The Court below further found that sufficient grounds had not been shown by the petitioner/defendant to set aside the ex parte decree.