HEARD SRI G. RAMESH, J.

( 1 ) COUNSEL representing Sri S. V. Bhatt, the learned Counsel for the appellant and M. Narender Reddy, the learned Counsel for the respondent.

( 2 ) THE Civil Miscellaneous Appeal is filed as against an order passed in LA No. 639/ 2001 in OS No. 88/2001 dated 9-7-2002 on the file of Senior Civil Judge, Cuddapah. The order impugned reads as hereunder:"this petition was filed by the learned counsel Sri M. Nageswara Reddy. On perusal of the material on hand, there is no Vakalath for M. Nageswara Reddy, as such the very petition itself is not maintainable. Hence the same is dismissed, but no costs. "

( 3 ) THE facts in nutshell are as follows:

( 4 ) THE defendant in OS No. 88/2001 on the file of Senior Civil Judge, Cuddapah filed IA No. 639/2001 praying for the relief of setting aside the exparte decree dated 28-8-2001 passed against him and receive the written statement and dispose of the matter on merits in the interest of justice. The respondent in the appeal, plaintiff in the suit, filed the suit for recovery of amount on the strength of a mortgage and it is stated in the affidavit that the appellant herein, defendant in the suit, appeared through a Counsel

Click Here to Read the rest of this document