THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION No.2713 of 2025

ORDER:

This Civil Revision Petition is filed by the petitioner, aggrieved by the order dated 30.06.2025 passed in I.A.No.182 of 2024 in O.S.No.18 of 2015 on the file of the learned Senior Civil Judge, Adilabad.

2. The brief facts of the petition are that I.A.No.182 of 2024 was filed under Order IX Rule 13 read with Section 151 of CPC, seeking to set aside the ex parte decree dated 10.02.2022 passed in the suit. The respondent filed a counter opposing the application. However, the trial Court disposed of the petition on the ground that the suit had already been disposed of and held that the petition was not maintainable.

3. Heard Sri Shyam S Agarwal, learned counsel for the petitioner.

4. Learned counsel for the petitioner submitted that the impugned order does not disclose any reasons or findings in support of such conclusion. When an application is filed under Order IX Rule 13 CPC to set aside an ex parte decree, the mere fact that the suit has been disposed of cannot be a valid ground to dismiss the petition without examining its merits. Therefore, prayed the Court to allow this Civil Revision Petition.

5. In view of the submissions made by the learned counsel for the petitioner and upon a perusal of the material available on record, this Court finds that the trial Court erred in disposing I.A.No.182 of 2024 without even referring to the nature of application nor the pleading. Petition under Order IX Rule 13 is filed to set aside ex-parte decree which itself means suit already disposed of. The application, filed under Order IX Rule 13 CPC to set aside an ex parte decree, was rejected solely on the ground that the suit had already been disposed of, which is an incorrect and legally unsustainable reasoning. Therefore, the order dated 30.06.2025 passed in I.A.No.182 of 2024 in O.S.No.18 of 2015 on the file of the learned Senior Civil Judge, Adilabad, is liable to be set aside.

6. Accordingly, the Civil Revision Petition is allowed. The impugned order dated 30.06.2025 is set aside and the matter is remanded to the trial Court with a direction to restore I.A.No.182 of 2024 and dispose of it afresh after hearing both parties and decide the same on merits in accordance with law.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

______________ K. SUJANA, J Date: 07.08.2025 SS