BEZWADA SUBBAREDDY Vs. NELLURU KESHAVALU REDDY AND OTHERS

JUDGEMENT

(1.) This is a revision against the order of the learned District Munsif, Kavali dismissing the application filed by the petitioner to set aside the dismissal order dated 9-6-1955 in I. A. No. 682 of 1954.

(2.) The respondents obtained a preliminary decree against one Induru Kameswaramma in 1938 and obtained a final exparte decree on 31-3-1949. The judgment-debtor filed I. A. No. 682 of 1954 for setting aside the final decree on 11-5-1954 That application was dismissed for default on 9-6-1955. Thereafter, the judgment-debtor filed I.A. No. 833 of 1955 for setting aside the order dismissing the application for setting aside the exparte decree. Pending the application, the judgment-debtor died and the petitioner, her foster son, was brought on record as her legal representative.

(3.) I. A. No. 682 of 1954 was posted for disposal on 8-6-1955. On that day the petitioner gave a wire from Nellore to his advocate at Kavali asking him to pray for an adjournment on the ground that he missed the train. The learned District Munsif, presumbiy on the basis of the telegram, adjourned the petition to 9-6-1955. Even on that day, judgment-debtor or the petitioner did not turn up and the petition was dismissed for default. The judgment-debtor filed I.A. No. 833 of 1955 for setting aside the order of dismissal for default. The learned District Munsif, on a consideration of the evidence, held that there was no sufficient ground for the petitioner's absence on 8-6-1955 and, on that finding dismissed the petition. Hence, the revision.