D.V.S.S.SOMAYAJULU
M. S. Naudine Pharma – Appellant
Versus
Med Manor Organics Pvt. Ltd. – Respondent
ORDER :
D.V.S.S. Somayajulu, J.
1. This Civil Revision Petition is filed by the defendants questioning the order dated 24.07.2015 in IA No. 61 of 2015 in OS No. 540 of 2013 passed by the VII Senior Civil Judge, City Civil Court, Hyderabad.
2. The suit OS No. 540 of 2013 was filed for recovery of an amount of Rs. 7,96,443.78 paise with interest, costs etc. The Court ordered notice to the defendants in the suit. The summons were not served, and substituted service of summons appear to have been ordered and the defendants were set ex parte. Thereafter, an ex parte judgment and decree was passed on 08.11.2013.
3. The plaintiff in the suit who is the respondent herein thereafter took out execution and filed E.P. No. 537 of 2014 in Kerala. After receipt of notice in the said application, the present application was filed to condone the delay of 357 days in filing the application to set aside the ex parte judgment and decree dated 08.11.2013.
4. The respondent/plaintiff filed a counter opposing the application. Thereafter, the impugned order came to be passed by which the lower Court rejected the application stating that the delay of 357 days was abnormal. Questioning the same, the present rev
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