M/S SWAGATH FOODS Vs. MAHSOOD UL HASSAN

JUDGEMENT

(1.) Petitioners/defendants have filed this Civil Revision Petition Under Article 227 of the Constitution assailing the orders in I.A.No.239 of 2019 in O.S.No.1961 of 2018 pending on the file of VIII Junior Civil Judge, City Civil Court, Hyderabad.

(2.) The petitioners/defendants have filed an application in I.A.No.239 of 2019 in the said suit under Order IX Rule 7 of the Code of Civil Procedure, requesting the Court to set aside the ex parte order dated 30th January 2019 stating that the original suit is filed for recovery of Rs.2,80,000/- and that the defendants gave vakalat to their counsel on 22.10.2018 and the matter was coming up for filing written statement and counter. By that time, as on 30th January 2019, the Statutory period for filing the written statement was completed. Consequently, the petitioners/ defendants were set ex parte. In para 3 of the affidavit, the 2nd petitioner/defendant No.2 has averred that his father was struggling with lung disease from October 2018 and unfortunately expired in December 2018. Accordingly, he was involved in final rites and rituals and his wife, being a lady,could not contact the counsel. Thus, they could not file the written statement within the stipulated time.

(3.) This application was resisted by the respondent/plaintiff alleging that the ailments and the demise of the father of the 2nd petitioner/defendant No.2 in the absence of any certificate of death or prescription etc., cannot be accepted and that from October to December 2018, no such hospital record is filed, but, the discharge summary shows that he was discharged on 15.12.2018 itself. Thus, contended that the discrepancies in the medical record shows that the defendants were not prudent in prosecuting the litigation.