J MUNIRATHNAM ALIAS UNTAIAH Vs. J KRISHNA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 09-07-2009, made in I.A.No.1868 of 2008 in I.A.No.1007 of 2008 in O.S.No.641 of 1996 on the file of the Principal Junior Judge, Tirupati.

(2.) The petitioner herein filed the said application under Order VIII Rule 3 read with Section 151 CPC to permit him to file the documents mentioned therein, receive and admit the same. In support of the said application, the petitioner filed an affidavit stating that he has filed an application to set aside the ex-parte decree passed against him in O.S.No.641 of 1996 vide judgment and decree, dated 12-03-1997, by the Principal District Munsif, Tirupati. He has also filed an application to condone the delay in filing a petition to set aside the ex-parte decree and, therefore, he wanted to file the said documents and accordingly, he sought permission to file the said documents.

(3.) The said petition was filed under Order VIII Rule 3 CPC. Order VIII relates to written statement, set-off and counter claim. The suit itself has been decreed preliminarily by judgment and decree, dated 12-03-1997. Therefore, it cannot be said that the suit is pending. The suit is pending only for the purpose of passing final decree. If that be so, I am of the opinion that none of the provisions under Order VIII are applicable to the case on hand. Further, Order VIII Rule 3 CPC relates to specific denial of the averments in the plaint. Therefore, the said application filed by the petitioner is not maintainable and the same is liable to be dismissed.