K PANCHAKSHARA REDDY Vs. N KRISHNA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order the District Munsif, Puttur in I. A. No. 86 of 1966 filed for setting aside an exparte decree dated 26-11-1966.

(2.) The plaintiff instituted a small cause suit No. 190 of 1966 against the petitioner (defendant) for the recovery of a sum of Rs. 319. 41 due on certain dealings. The defendant was ex parte abd ib 26-11-1966 a decree was passed On 9-12-1966 the present interlocutory application was filed for setting aside the ex parte decree.

(3.) The main ground alleged in the I. A. is that the defendant was not in the village and that he had gone away to Tirupati. On the contrary, the evidence led by the plaintiff, who opposed the application for setting aside the ex parte decree, was that the petitioner was present in the village when the notice of suit was taken for service but that the refused to receive the summons and that his uncle one Rosi Reddi took away the summons from the process servers hands and drove him away. The learned District Munsif believed the version of the plaintiff and refused to set aside the ex parte decree.