S.V.CHOUDHART Vs. MAHALAKSHMI LEASING LTD

JUDGEMENT

(1.) The Civil Miscellaneous Appeal arises out of an order dtd. 6/11/2008 passed by the Judge, Family Court, Secunderabad ('Trial Court') in I.A.No.616 of 2006 in O.S.No.30 of 2000, filed by the appellant under Order IX Rule 13 and Order XVII Rule 2 of The Code of Civil Procedure, 1908 ('CPC') for setting aside the ex parte decree dtd. 30/6/2006.

(2.) The appellant is the defendant No.4 in the Suit (O.S.No.30 of 2000) filed by the respondent No.1/plaintiff for recovery of an amount of Rs.28,47,967.75 ps., from the defendant Nos.1 to 4 jointly and severally along with future interest @ 24% per annum and costs.

(3.) Learned counsel appearing for the appellant claims that after the Trial Court passed the ex parte decree in the Suit on 30/6/2006, the appellant filed I.A.No.616 of 2006 on 29/7/2006 for setting aside the said ex parte decree. Counsel submits that the appellant's Advocates prepared a Written Statement denying the involvement of the appellant/defendant No.4 and obtained the signatures of the appellant on the Written Statement. The appellant was later informed that the defendant Nos.1 to 3 remained ex parte and that the defendant No.4 was the sole contesting defendant in the Suit. The appellant's Advocates also gave an impression to the appellant that the Suit was misconceived and the appellant has a good chance of success in the Suit.