B. PRAKASH RAO, J.

( 1 ) HEARD Sri Ali Farooq, the learned counsel appearing on behalf of the petitioner and Sri P. Siva Kumar, the learned counsel appearing on behalf of the respondent.

( 2 ) INITIALLY this case was posted along with other cases on a reference made to the Division Bench on the question as to whether the time prescribed under Order VIII Rule 1 of CPC is mandatory. However, subsequently the same was deleted and directed to be posted separately.

( 3 ) THE petitioner herein, who is the defendant in the Court below, seeks to assail the order dated 12. 10. 2004 in I. A. No. 743 of 2004 in o. S. No. 5506 of 2003 on the file of IX Junior Civil Judge, City Civil Court at hyderabad by way of Revision under Article 227 of the Constitution of india dismissing an application filed under Order IX Rule 7 of CPC seeking to set aside the ex parte order dated 03. 08. 2004.

( 4 ) THE case of the petitioner, briefly, stated is that on 20. 07. 2004 at the request of his counsel, the matter was adjourned to 03. 08. 2004 for filing written statement. However, the counsel erroneously noted the date as 03. 09. 2004. Therefore, there was no representation on 03. 08. 2004 when the case was

Click Here to Read the rest of this document