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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENKATESWARLU NIMMAGADDA
Indireddy Ramanjaneyulu Reddy, S/o Late Indireddy Chinna Venkata Reddy – Appellant
Versus
Indireddy Venkataramana Reddy, S/o Late Indireddy Chinna Venkata Reddy – Respondent
ORDER :
VENKATESWARLU NIMMAGADDA, J.
1. This civil revision petition under Article 227 of the Constitution of India is filed challenging the order passed by the Junior Civil Judge-cum-Judicial Magistrate of First Class, Kamalapuram in I.A.No.514 of 2024 in O.S.No.23 of 2020 dated 23.08.2024.
2. The parties will hereinafter be referred as arrayed before the Trial Court, for the sake of convenience.
3. The brief facts of the case are that Respondent No.1/Plaintiff filed suit against the petitioner/Defendant No.1 for recovery of suit amount due under the bank transactions and for other reliefs. The said suit was posted to 06.12.2021 for appearance and filing written statement. Neither Petitioner/Defendant No.1 nor his counsel attended the Court on 06.12.2021. Since, there was no representation on behalf of petitioner/Defendant No.1, the Trial Court passed an order of ex parte.
4. Before the Trial Court, the petitioner/Defendant No.1 herein contended that he was suffering from Jaundice and has taken country medicines, as such, he could not attend the Court on the date of hearing and that he has got good case in the suit and there are chances to succeed the said suit by him.
5. Respondent No.
The need for a liberal construction of 'sufficient cause' under CPC Order IX Rule 7 to enable complete justice between the parties.
The court established that 'sufficient cause' under Order IX Rule 13 C.P.C. must be liberally construed to ensure justice, allowing for the setting aside of ex-parte decrees when valid reasons for no....
A party must demonstrate sufficient cause for non-appearance and file timely applications to set aside ex-parte judgments, supported by evidence.
A party seeking to set aside an ex parte judgment and decree must demonstrate sufficient cause for non-appearance and file the application within a reasonable time, as per Order 9 Rule 13 CPC and Sec....
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