DODDA LAXMINARAYAN Vs. GAJJI KRISHNAIAH

JUDGEMENT

(1.) The order dated 21.03.2018 in I.A.No.503 of 2012 in O.S.No.50 of 2012 passed by the learned Senior Civil Judge, Suryapet, allowing the petition filed under Order XXXVII Rule 3(7) r/w 151 CPC to condone the delay in filing the petition under Order XXXVII Rule 3(5) CPC, subject to providing third party security by the petitioner/defendant for suit claim of Rs.5,07,000/- is under challenge in the instant CRP at the instance of petitioner/defendant.

(2.) A) The suit-O.S.No.50 of 2012 is filed by respondent/plaintiff for recovery of money basing on pronote. The case of the petitioner/defendant is that on receiving suit summons, he engaged the counsel and filed Vakalath on the date of hearing i.e. 27.03.2012 and the trial Court granted time to file written statement and posted the suit to 27.04.2012 and accordingly he filed written statement on 07.04.2012. Later, he came to know that the suit is filed under summary procedure i.e. under Order XXXVII CPC and he failed to comply with the same and to avoid ambiguity he filed the present petition seeking leave of the Court to defend the suit. He thus prayed to allow the petition by condoning the delay.

(3.) Heard arguments of Sri K.Narasimha Chari, learned counsel for petitioner and Sri P.A.V.Bala Prasad, learned counsel for respondent.