B RAJENDRA PRASAD Vs. K RAMACHANDRA RAO

JUDGEMENT

(1.) Respondent has been served. No representation. Heard on merits. The order of the learned Subordinate Judge, Chirala in C.M.A.No. 15/96 dated 22-2-1997 is challenged. The petitioner is the defendant in O.S. 228/94. The respondent is the plaintiff. The suit was decreed ex parte on 27-1-1995. The petitioner herein filed LA. 161/95 to set aside the ex parte decree. It was dismissed on 14-8-1996 by the learned Principal District Munsif, Chirala. It was taken in appeal before the learned Subordinate Judge in C.M.A. 15/96. The appeal was allowed setting aside the order of the learned District Munsif and allowing the application with a condition that the petitioner should deposit half of the suit amount within 15 days of the date of the order. Aggrieved by that, the revision is filed.

(2.) The order of the learned Subordinate Judge is perverse in addition to being totally illegal. The ground on which the ex parte decree was challenged was that the petitioner was suffering from typhoid from 24-1-1995 and could not attend the Court on 27-1-1995 when the case was called for hearing. The learned Munsif did not accept it. The learned Subordinate Judge has also stated that the petitioner did not produce any medical evidence in proof of his illness. That was the basis on which a finding ought to have been given, whether the petitioner was prevented from attending the Court, for several reasons, when the case was called for hearing. Without adverting to such a ground, the appeal is allowed by imposing a condition that half of the decree amount should be paid. This Court is afraid whether the learned Subordinate Judge knows the fundamentals in law of dealing with ex parte matters under Order 9, Rule 13 C.P.C. Therefore, there is need to remind to all such officers the real parametres of such a provision. In the luxury, a repetition has become inevitable and to read the provision:

(3.) C.R.P. is allowed and the orders of the learned Subordinate Judge and the learned District Munsif are set aside. The matter is remanded back to the learned Principal District Munsif, Chirala to dispose of the application in accordance with law after giving opportunity to the petitioner and respondent to produce evidence in respect of all the controversies. No costs.