SARADA DEVI ANNE Vs. PALLAPU ANIL KUMAR

JUDGEMENT

(1.) Aggrieved by the order dtd. 1/4/2019 in I.A.No.188 of 2019 in I.A.No.1418 of 2018 in O.S.No.131 of 2018 (hereinafter will be referred as impugned order) passed by the learned XII Additional Chief Judge, City Civil Court, Secunderabad, the petitioner/defendant filed the present Civil Revision Petition to set aside the impugned order.

(2.) For the sake of convenience, hereinafter, the parties will be referred as per their array before the trial Court.

(3.) The brief facts of the case are that the plaintiff filed suit vide O.S.No.131 of 2018 against the defendant for recovery of money and along with the said suit an application vide I.A.No.1234 of 2018 was also filed for attachment of property of the defendant before judgment. During the pendency of the suit the defendant filed an application vide I.A.No.1418 of 2018 under Order VII Rule 10 of the Code of Civil Procedure to return the plaint on the ground of lack of territorial jurisdiction to the trial Court. To the said petition the plaintiff filed counter on 20/9/2018 and the defendant filed reply to the counter filed by the plaintiff on 27/9/2018. On 20/9/2018 the Presiding Officer was on leave but the counsel for defendant could not note the next date of adjournment properly. On 23/11/2018 order was passed by dismissing the I.A.No.1418 of 2018 for non prosecution. Thereafter, the defendant filed I.A.No.188 of 2019 praying the Court to set aside the order dtd. 23/11/2018 passed in I.A.No.1418 of 2018 and the brief averments of the affidavit filed by the GPA holder of the defendant i.e., counsel for the defendant by name Sunil Patwari in support of petition filed in I.A.No.14818 of 2018 are as under: