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2022 Supreme(AP) 568

V. R. K. KRUPA SAGAR
B. Ramanjaneyulu – Appellant
Versus
M. Venkamma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. Suryanarayana.

ORDER :

This civil revision petition filed under Article 227 of the Constitution of India questions the correctness of the order dated 20.09.2019 of learned Principal Junior Civil Judge, Adoni in I.A.No.197 of 2019 in O.S.No.122 of 2017.

2. By the impugned order, the learned trial Court refused to condone the delay to file a petition to set aside the ex parte decree suffered by the revision petitioner. The revision petitioner was the defendant before the trial Court. The respondent herein was the plaintiff before the learned trial Court.

3. O.S.No.122 of 2017 was a suit filed for recovery of an amount of Rs.1,66,050/- based on the foot of a promissory note dated 09.07.2014. The defendant therein received suit summons but did not appear and contest. He was set ex parte on 14.06.2017. Thereafter, evidence in the suit commenced and PW.1 gave evidence on 28.06.2017. Then the learned trial Court passed a judgment and decree dated 04.07.2017. Thus, there was ex parte decree passed against the defendant.

4. The defendant in the suit filed I.A.No.197 of 2019 under Section 5 of the Limitation Act, 1963 seeking to condone the delay of 110 days in filing a petition to set aside the ex parte decre

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