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K. SREENIVASA REDDY
Yadlapalli Hanumantha Rao – Appellant
Versus
Palasala Nageswara Rao – Respondent
ORDER :
(K. Sreenivasa Reddy, J.)
Since the issue involved in both the Civil Revision Petitions is one and the same, they are being disposed of by this common order.
2. The present Civil Revision Petitions have been filed against the common order dated 24.03.2022 passed in IA Nos.801 and 802 of 2019 in OS No.155 of 2018 by the learned Senior Civil Judge, Avanigadda.
3. The petitioner herein is the plaintiff and respondent herein is the defendant in the above suit. For the sake of convenience, the parties are hereinafter referred to as they are arrayed in the suit.
4. The plaintiff filed the suit in OS No.155 of 2018 on the file of the learned Senior Civil Judge, Avanigadda against the defendant for recovery of a sum of Rs.9,10,800/- due under three suit promissory notes with subsequent interest at 12% p.a., from the date of suit till realization. Since the defendant was not present, he was set ex parte and an ex parte decree was passed in the said suit on 23.04.2019. Thereafter, the present IAs were filed by the defendant seeking to set aside the said ex parte decree by condoning the delay of 120 days in filing the set aside petition.
5. The defendant stated in his affidavit filed in su
Conditions for setting aside an ex parte decree must be reasonable, and delays in filing applications must be adequately explained.
Court emphasized the liberal interpretation of 'sufficient cause' for delays and the importance of justice in setting aside ex-parte decrees.
The necessity of proper notice before restoring a suit, as it pertains to a defendant's right to defend their case.
A petitioner must show sufficient cause and diligence in legal representation to set aside an ex parte decree.
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