THE HONOURABLE SRI JUSTICE T.VINOD KUMAR AND THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL MISCELLANEOUS APPEAL No.8 of 2025

JUDGMENT:

(per Hon’ble Smt. Justice P.Sree Sudha)

This Civil Miscellaneous Appeal is filed against the Order dated 17.10.2024 in I.A.No.423 of 2022 in O.S.No.220 of 2017 passed by the learned IV-Additional District Judge, Ranga Reddy District, at L.B.Nagar.

2. The appellant herein/defendant No.1 has filed an application against the respondents herein before the trial Court vide I.A.No.423 of 2022 in O.S.No.220 of 2017, under Order 9 rule 13 R/w. Section 151 of CPC, for setting aside the ex-parte decree dated 04.02.2022 passed in O.S.No.220 of 2017. The trial Court after considering the arguments of both sides dismissed the application. Aggrieved by the said Order, appellant has preferred the present Civil Miscellaneous Appeal.

3. Learned Counsel for the appellant mainly contended that the trial Court ought to have taken liberal approach for sufficient cause and allowed the application under Order 9 rule 13 CPC, as per the citation reported in (2000) 3 SCC 54 in the case of G.P.Srivasthava Vs.R.K.Raizada . Summons were not served upon the appellant till he recei