This revision is directed against the order dated 22.10.2010 in CFR (IA) No.3165 of 2010 in OS No.338 of 2009 on the file of the Principal Junior Civil Judge, Gudur, wherein the said application filed by the petitioner herein under 9, Rule 13 CPC for setting aside the ex parte decree dated 21.7.2010 was rejected, as not maintainable.

2. Heard both sides. Perused the record.

3. The respondent herein filed suit against the petitioner for recovery of a sum of Rs.97,245/- due under a pronote dated 12.3.2008 said to have been executed by the petitioner herein for borrowal of Rs.70,000/-. The petitioner herein filed written statement denying the borrowal and execution of the suit pronote and contending that the defendant borrowed only Rs. I 0,000/fTom the plaintiff in October 2000 and at the instance of the plaintiff, he signed on a blank pronote and that the suit pronote was fabricated by the plaintiff as if he borrowed Rs.70,000/- on 12.3.2008. The trial Court framed necessary issues. During the course of trial, the plaintiff was examined as PW 1 and the attestor of the suit pronote was examined as PW2 and Exs.A 1 to A3 were marked on behalf of the plaintiff. No oral or documenta