( 1 ) THIS C. R. P. is filed against the order, dated 26. 12. 2003, in I. A. No. 689 of 2003, in O. S. No. 375 of 2003, on the file of the Court of Principal Junior Civil Judge, Sangareddy. The defendant in the suit is the petitioner and the sole plaintiff is the respondent herein. For the sake of convenience, the parties are referred to, as arrayed, in the suit.

( 2 ) THE plaintiff filed O. S. No. 375 of 2002, against the defendant, for recovery of a sum of Rs. 76,926/-, in. the trial court, by invoking the procedure under Order 37 Rule 4 C. P. C. An ex parte decree was passed on 15. 11. 2002. The defendant filed i. A. No. 689 of 2003, under Rule 4 of Order 37 CPC, with a prayer to set aside the ex parte decree, and sought permission to contest the suit, by filing the written statement. The application was opposed by the plaintiff. Through its order, dated 26. 1. 2. 2003, the trial court dismissed the application.

( 3 ) SRI M. Ram Mohan, learned counsel for the defendant, submits that the summons in the suit were served upon the defendant on 7. 10. 2002, and that appearance was entered on 23. 10. 2002. He contends that notwithstanding this development, the plaintiff filed a memo o

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