VELPURI BASAVAIAH Vs. NAGAM SUBBA RAO

JUDGEMENT

(1.) This appeal is preferred against the order dated 23rd July 1985 passed by the Second Additional District Judge, Guntur. Dismissing the appeal-suit preferred by the defendants for default. The order is' obviously made under Order XLI, Rule 17(1) of the Code of Civil Procedure.

(2.) Sri P.Ramakrishna Raju, the learned counsel appearing for the respondents, raises a preliminary objection as to the maintainability of the appeal. He draws my attention to the provisions of Section 1GO(2 of the Code of Civil Procedure which enacts that an appeal may lie under Section 100, CPC , from an appellate decree passed exparte. The definition of'decree' enacted in Section 2(ii) of the Code of Civil Procedure specifically excludes an order of dismissal for default. The appellants should have invoked the provisions of Order XLI, Rule 19 of the Code of Civil Procedure for re-admission of the appeal-suit dismissed for default. Instead, they pursued a wrong remedy. The preliminary objection is, therefore upheld.

(3.) The Appeal dismissed. I, however, make no order as to costs.