THE HON’BLE Dr. JUSTICE CHILLAKUR SUMALATHA CIVIL REVISION PETITION No.963 of 2017

ORDER :

Heard Sri C. Damodar Reddy, learned counsel for the petitioner/defendant as well as Sri P. Mehar Srinivasa Rao, learned counsel for the respondent/plaintiff. Perused the material available on record.

2. Challenge in this Civil Revision Petition is the order rendered by the Court of Principal Senior Civil Judge, Warangal, in I.A.No.420 of 2016 in O.S.No.101 of 2014, dated 29.11.2016.

3. The revision petitioner, who is the defendant to the suit, has filed an application under Section 5 of the Limitation Act, seeking the Court to condone the delay of 542 days in filing petition under Order IX Rule 13 C.P.C. for setting aside the exparte decree passed in O.S.No.101 of 2014, dated 27.11.2014. The said application was dismissed vide order dated 29.11.2016. Aggrieved by the same, the petitioner is before this Court.

4. Making his submission, learned counsel for the petitioner states that no summons was served upon the petitioner in the suit and, therefore, he could not make his appearance and after he came to know about filing of the suit and passing of exparte decree, he immediately approached the trial