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2004 Supreme(AP) 105

T.CH.SURYA RAO
V. Haritha – Appellant
Versus
Kapil Chit Funds Private Limited – Respondent


T. SURYA RAO, J.

( 1 ) THE civil revision petition is directed against the order dated 3. 11. 2003 passed by the learned II Additional Senior civil Judge, Warangal, in I. A. No. 604 of 2003 in O. S. No. 860 of 2001.

( 2 ) THE Defendants 1 and 10 in the said suit are the revision petitioners. The first respondent herein is the plaintiff and the Respondents 2 to 11 herein are the defendants 2 to 9 and 11. The said suit was laid for recovery of an amount of rs. 3,87,471. 75 ps. It was resisted on the premise that the first defendant paid an amount of Rs. 1,32,000. 00 on 13. 9. 2001; rs. 31,618/- on 12. 1. 2002; and Rs. 46,760- on 19. 4. 2002 but the plaintiff did not deduct the same from out of the total amount; and that the first defendant was not liable to pay the amount as claimed in the plaint. During the course of trial one witness was examined on the side of the plaintiff in chief and the suit stood adjourned to 13. 6. 2003 for cross-examination of P. W. I. For the default on the part of the defendants on that day, an ex parte decree was passed. An application under Order 9, rule 13 of the Code of Civil Procedure ( the Code for brevity) was sought to be filed accompanied by an a













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