MELLACHERUVU VARALAXMI Vs. DOSAPATI NARAYANA RAO

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioner, aggrieved by the order passed by the learned Principal Junior Civil Judge, Yellandu in I.A.No.136 of 2024 in O.S.No.92 of 2023, dtd. 26/4/2025, whereby the petition seeking condonation of delay of 251 days in filing the petition to set aside the ex-parte decree dtd. 14/2/2024 was dismissed.

(2.) Heard Sri R.R.Kalyan, learned counsel for petitioner and Sri V.Satyam Reddy, learned counsel for respondent.

(3.) Learned counsel for the petitioner submitted that the respondent filed a suit vide O.S.No.92 of 2023, seeking recovery of an amount of Rs.4,86,000.00 against the petitioner before the trial Court and the learned Magistrate passed an ex-parte decree on 14/2/2024, though the petitioner had not received the summons. He further submitted that the trial Court issued summons on 18/1/2024, wherein it was mentioned that the suit was posted to 2/2/2024 and the petitioner was directed to file a written statement within 30 days from the receipt of the summons. However, even before the expiry of the said period, the trial Court passed the ex-parte decree, which is non est in the eye of law. He further submitted that the petitioner, upon coming to know about the passing of the ex-parte decree, immediately filed an application seeking to set aside the same. Along with the said application, he also filed an application vide I.A.No.136 of 2024, seeking condonation of 251 days delay in presenting the petition to set aside the decree. The learned Principal Junior Civil Judge, without properly considering the contentions raised by the petitioner, dismissed the application. The impugned order passed by the Court below is contrary to law.