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1996 Supreme(AP) 198

B.S.A.SWAMY
Gali Laxmamma – Appellant
Versus
Reparthi Anjaiah – Respondent


B. S. A. SWAMY, J.

( 1 ) THE petitioner herein is the defendant in O. S. No. 1495 of 1987 on the file of the District Munsif, Suryapet. The present revision petition was filed by her aggrieved by the orderspassed by the District Munsif as well as the Subordinate judge on an application filed by her in I. A. No. 145 of 1993 seeking to set aside the ex parte judgment and decree given by the trial Court dated 9-02-1993.

( 2 ) THE facts that led into filing of this revision petition are: the District Munsif posted O. S. No. 1495/87 pending on his file for recording the evidence of the plaintiff on 23-1-1993. After the chief-examination is over he adjourned the case to 4-2-1993 for cross-examination of P. W. I. But the petitioner s counsel in the trial Court was not present and no representation was made on that day. In those circumstances the District Munsif passed the following order: "no cross-examination-No representation - Arguments heard". On 9-2-1993 after giving notice the District Munsif decreed the suit. Immediately the petitioner filed I. A. No. 145 of 1993 under Order 9 Rule 13. C. P. C. to set aside the ex parte order. But the District Munsif kept the application pending for





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