HANUMANTHAMMA Vs. ANANTHAMMA

JUDGEMENT

(1.) This revision petition has been filed challenging the order dated 09.12.2016 passed in I.A. No.297 of 2016 in O.S. No.122 of 2008 by the Junior Civil Judge at Narayanpet.

(2.) The revision petitioner is the 5th defendant and the 2nd respondent herein is the plaintiff in O.S. No.122 of 2008. The said suit is instituted for partition and separate possession in respect of several agricultural lands admeasuring Acs.9.12 guntas situated within the limits of Alampally village, Maganoor Mandal, Mahabubnagar District (now Narayanpet District).

(3.) The 1st respondent herein, who is the 4th defendant in the suit, filed I.A. No.297 of 2016 under Section 151 CPC seeking to permit her to contest the case by setting aside the dismissal order dated 20.07.2009. In the said application it is stated that she came to know about one month back about the pendency of the suit. The plaintiff with dishonest intention and in order to deprive her share has not paid process fee for service of summons on her. The suit was dismissed as against the 1st respondent/4th defendant on 20.07.2009 for non payment of process fee. It is also stated that the scheduled properties are ancestral properties and she is entitled to equal share along with plaintiff and other defendants and they are doing joint cultivation. The Court below vide impugned order dated 09.12.2016 allowed the application and permitted the 1st respondent/ 4th defendant to contest the suit filed by the plaintiff and consequently received the written statement filed along with the said application by setting aside the dismissal order dated 20.07.2009.