IYYAPU PANDURANGA RAO, J.

( 1 ) THIS is an appeal against the order dated 18-4-1990 of the learned III Additional Judge, City Civil Court, Hyderabad at Secundrabad dismissing I. A. No. 161/ 89 in O. S. No. 213/87 on his file. Aggrieved by the same, the petitioner in the I. A. and the defendant in the suit filed this appeal.

( 2 ) THE points that arise for consideration are: (1) Whether this is an order attracting the provisions of O. 9, R. 13, C. P. C. ? (2) In any event whether there are grounds for setting aside the ex parte order? (3) To what relief?

( 3 ) POINT No. 1: The facts which are not in dispute are the following: on 8-2-89 when the judgment was pronounced, the defendant has not filed the written statement, though the written statement was filed sometime later the same day. Thus this is case where the lower Court disposed of the matter under O. 8, R. 10, C. P. C. , decreeing the suit at the stage when the written statement was not filed. It is also to be noted that the judgment of the lower Court shows that P. W. 1 was examined, some documents were marked while decreeing the suit. Relying upon these circumstances, the learned counsel for the petitioner submits that this is

Click Here to Read the rest of this document