A. S. BOPANNA, J.

( 1 ) THIS appeal is by the unsuccessful petitioner in Misc. No. 598/2006. The said petition was filed by the appellant under Order IX rule 13 with Section 151 of Code of Civil Procedure seeking an order to set aside the judgment and decree dated 02. 09. 2005 passed in O. S. No. 8635/2004. The Court below after considering the rival contentions has dismissed the petition by its order dated 06. 03. 2007. As such the appellant claiming to be aggrieved has impugned the same in this appeal.

( 2 ) I have heard Sri K. Suman, learned counsel for the appellant and Sri K. Subba Rao, learned Senior counsel on behalf of Sri c. Shankar Reddy, learned counsel for the first respondent. Though notice was issued to the second respondent and service was awaited, his presence at this juncture is unnecessary and as such the matter is heard and disposed by this order.

( 3 ) IT is well settled that in a petition filed under Order IX Rule 13, the issue of setting aside an ex parte judgment and decree could be resorted to either when the Court is satisfied that the summons was not duly served which includes improper procedure adapted resulting in lack of notice or when the petitioner

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