KANNABOINAKOMRAIAH Vs. ERAVENI RAJAIAH

JUDGEMENT

(1.) This civil revision petition is directed against the order dtd. 3/8/2017 in I.A.No.1366 of 2013 in O.S.No.181 of 2010 on the file of the Senior Civil Judge's Court, Peddapalli.

(2.) Heard the learned counsel for the petitioner. None represented the respondent. Perused the record.

(3.) The respondent-plaintiff filed suit in O.S.No.181 of 2010 against the petitioner-defendant for recovery of wrongly paid compensation amount to the tune of Rs.2,68,212.00 with future interest @ 24% per annum from the date of filing of suit till realization for acquired land by the Land Acquisition Officer, SCCL, Godavarikhani admeasuring Ac/0-29 guntas situated at Singireddypalli Village of Kamanpur Mandal. The petitioner was set ex parte on 7/4/2011 and an ex parte decree was passed on 25/7/2011. Subsequently, the petitioner filed application to set aside the ex parte decree dtd. 25/7/2011 stating that he engaged a counsel to defend his case. Later, he has undergone Left Femur surgery in Rahul Hospital Ortho and Child Care at Laxminagar, Godavarikhani. He admitted as in-patient on 15/6/2011 and discharged on 29/6/2011. As such, he could not contact his counsel for filing written statement. On 24/4/2013, he contacted his counsel and came to know that the suit was decreed ex parte. Therefore, there is delay of 664 days occurred in filing the application to set aside the ex parte decree.