APHC010458022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Tuesday, the eighteenth day of December two thousand and twenty five Present The Honourable Ms. Justice B. S. Bhanumathi Civil Revision Petition No.2303 of 2025 Between:

Smt. V.Venkata Lakshmi ...Petitioner and M/s. Srinivasa Finance Corporation and others ...Respondents Counsel for the petitioner:

1. B. Chinnapa Reddy Counsel for the respondents:

1. G.Sravan Kumar The Court made the following:

ORDER

This revision is filed by the defendant No.2 under Section 115 C.P.C. against the show-cause notice, dated 20.09.2024, issued in pursuance of the order, dated 24.08.2022, in E.P.No.127 of 2021 in O.S.No.457 of 2017 on the file of the Court of the Additional Civil Judge (Senior Division), Kurnool.

2. The revision petitioner herein is the defendant No.2. The respondent No.1 is the plaintiff. The respondent No.2 / defendant No.1 died.

3. The facts that lead to filing of this revision petition, briefly stated, are as follows:

a. The plaintiff brought the suit against the defendants Nos.1 and 2 for recovery of an amount of Rs.10,81,000/-, being the amount due under the hire purchase agreement, dated 25.05.2015, with subsequent interest and costs. The defendants Nos.1 & 2 remained ex parte. On behalf of the plaintiff firm, the Managing Partner of the plaintiff was examined as P.W.1 and exhibits A1 to A10 were marked. Ex.A1 is the attested copy of acknowledgment of the plaintiff firm bearing registration No.4401 of 1991, dated 27.05.1991, Ex.A2 is the attested copy of partnership deed, dated 24.05.2002, Ex.A3 is the attested copy of Form-A of the plaintiff firm, dated 27.05.1991, Ex.A4 is the original proposal form-cum-Hire Purchase Agreement, dated 25.05.2015, Ex.A5 is the original Hire Purchase Agreement, dated 25.05.2015, Ex.A6 is the original installment details, dated 25.05.2015, Ex.A7 is the computer copy of statement of dues, dated 03.10.2017, Ex.A8 is the office copy of demand notice, dated 01.06.2017, Ex.A9 is the original returned postal cover, dated 13.06.2017 and Ex.A10 is the original returned postal cover, dated 06.06.2017.

b. After hearing the plaintiff, the trial Court held that the plaintiff firm proved that the defendant No.1 had executed Ex.A5, hire purchase agreement and the defendant No.2 stood as guarantor in favour of the plaintiff firm and failed to pay the same in spite of demands under Ex.A8 which was refused by the defendants under Exs.A9 and A10, returned postal covers. The trial Court further held that the suit claim of the plaintiff stood proved and the plaintiff is entitled to recover the suit claim as prayed for from the defendants. The operative portion of the judgment, dated 19.10.2020, reads as follows:

“In the result, the suit is decreed with costs, directing the defendants jointly and severally to pay a sum of Rs.10,81,000/- to the plaintiff, together with subsequent interest at 12% p.a., from the date of presentation of the suit till the date of decree and with future interest at the rate of 6% p.a., from the date of decree till the date of realization, on the principle amount of Rs.6,43,200/-.”

c. Thereafter, the petitioner / defendant No.2 filed I.A.No.318 of 2024 under Section 5 of the Limitation Act to condone delay of 1171 days in filing petition under Order IX, Rule 13 C.P.C. and I.A.No.319 of 2024 under Order IX, Rule 13 C.P.C to set aside the ex parte decree, dated 19.10.2020, stating as follows:

“The respondent / plaintiff filed the suit against me and deceased defendant No.1 for recovery of money with false and created documents. Previously, defendant No.1 borrowed amounts from plaintiff as loan and he cleared said debts. She was set ex parte on 16.08.2018. Because she was intimated regarding the summons to defendant No.1, as he stated that he had cleared debts and that he would look after the matter after receipt of summons in his name, she could not appear before the Court on 16.08.2018.”

Thus, sh