K.V. JOY Vs. SUNIL BHANDARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Order dtd. 16/9/2022 in I.A.Nos.926 of 2019 in O.S.No.32 of 2016 passed by the learned Principal District Judge, Bhongir.

(2.) Defendants in the suit filed I.A.No.927 of 2019 under Sec. 5 of Limitation Act, 1963 before the trial Court to condone the delay of 217 days in filing the petition to set aside the ex-parte decree dtd. 2/1/2019 and also filed another application being I.A.No.926 of 2019 under Order 9 rule 13 of C.P.C to set aside the ex-parte decree dtd. 2/1/2019. The trial Court considering the arguments of both sides dismissed both the applications. Aggrieved by the said Order, this Civil Miscellaneous Appeal is preferred.

(3.) The Appellants mainly contended that the trial Court did not consider the medical certificate issued by the Civil Surgeon. They got strong case in the suit as mentioned in the written statement filed by them. If the application is not allowed, they will sustain irreparable loss. Therefore, requested the Court to set aside the exparte decree.