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.