HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.3149 of 2024

ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the docket order dated 03.09.2024 in OS. No.209 of 2024 (old OS.No.37 of 2020), passed by the IX Additional District Judge, Ranga Reddy District at LB Nagar (hereinafter referred to as the ‘District Court’).

2. The revision petitioner is the defendant and the respondent is the plaintiff in the suit before the District Court.

3. The brief facts of the case, shorn off unnecessary details, required for disposal of the present Civil Revision Petition, are as follows:

3.1 Initially, the respondent has filed a summary suit in O.S.No.37 of 2020 on the file of the XII Additional District Judge, Ranga Reddy District at Vikarabad, against the petitioner for recovery of a sum of ₹50,64,490/- together with future interest thereon. The respondent, claiming to be a dealer-cum-agent for supply of kraft paper manufactured by M/s. Kaygyon Paper Mills Limited, contended that the petitioner, a manufacturer of corrugated boards, had purchased kraft paper, which was supplied under the respondent's instructions, to a tune of ₹1,92,73,723/-, out of which an amount of ₹50,64,490/- remained unpaid as on 17.02.2020.

3.2 Upon service of summons, the petitioner failed to appear, and accordingly, the trial court decreed the suit exparte by judgment dated 28.12.2020. Thereafter, the petitioner filed I.A. No. 22 of 2021 under Order IX Rule 13 and Order XXXVII Rule 4 CPC to set aside the ex parte decree and praying to grant leave to defend the suit, and subsequently filed I.A.No.45 of 2021 seeking to set aside the ex parte decree. The respondent herein/plaintiff filed counters in both the interlocutory applications and in view of the averments made in the counters, the petitioner/defendant I.A.No.177 of 2021 under Order XXIII Rule 3 CPC to withdraw I.A.No.45 of 2021 and I.A.No.180 of 2021 to withdraw I.A.No.22 of 2021 with liberty to file fresh applications. Both applications were dismissed by the District Court on 23.11.2021, against which the petitioner preferred C.R.P.Nos.41 and 31 of 2022 respectively. This Court initially granted stay on 04.03.2022 in the said CRPs. However, on contest, the said Revisions were dismissed on 05.06.2023. Meanwhile, the petitioner filed C.R.P.No.1321 of 2022 challenging the judgment and decree dated 28.12.2020 passed in O.S.No.37 of 2020 on the ground that the summary nature of the suit did not comply with the mandatory provisions under Order XXXVII CPC, thereby rendering the suit not maintainable and the decree liable to be set aside.

3.4 Though the revision was initially dismissed by order dated 05.06.2023, on a review application in I.A.No.1 of 2023, this Court allowed the same by order dated 12.01.2024. It was observed that the trial court failed to render a finding on the maintainability of the summary suit and whether procedural compliance under Order XXXVII was followed, warranting a remand for fresh adjudication. Consequently, the decree was set aside and the matter was remanded to the trial court for a decision on the issue of maintainability.

3.5 Pursuant thereto, the suit was restored to its original number and, consequent upon the reorganization of Districts in the state of Telangana, the said suit was transferred to the Court of IX Additional District Judge, Ranga Reddy District at L.B. Nagar and renumbered as O.S.No.209 of 2024. The District Court, after hearing both the parties on the question of maintainability and relying on the decisions cited by the respondent, by the impugned order held that the suit based on invoices was maintainable as a summary suit. Challenging the said order, the defendant approached this Court by filing the present Civil Revision Petition.

4. Heard Sri Shyam S.Agarwal, learned counsel for the petitioners, and Sri S.Rajagopalan, learned for the respondents.

5. Learned counsel for the petitioner submitted th