JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Heard the learned counsel for the parties.

3. The appellant is before us aggrieved by and dissatisfied with the judgment and order dated 28.6.2004 passed by the learned Single Judge of the High Court of Andhra Pradesh at Hyderabad dismissing the appeal preferred against an order dated 19.7.1996 passed by Addl. Civil Judge, Hyderabad in I.A.No.6/1992.

4. The respondent herein filed a suit for recovery of a sum of Rs. 1,87,904.62 with future interest at the rate of 18.5% per annum against the appellant. It appears that in the summons sent to the appellant, 10.10.1988 was fixed for his appearance. However, as the summons had not been served the Court adjourned the matter to 2.12.1988. Summons were served on the appellant on 14.10.1988, but according to him a copy of the plaint was not annexed thereto. He sent a telegram on 17.10.1988 and also a letter to the Court concerned but, admittedly, the same was not responded to. Without issuing any further summons fixing another date for his appearance, the Court fixed a date and having found the appellant absent on that date, fixed another date for ex-parte hearing. On 13.12.1988 the suit was decreed w