Decided on March 21,1972

Sripathi Rajyalakshmi And Another Appellant
Sripati Seetamahalakshmi Respondents


RAMACHANDRA RAO,J. - (1.) This is a petition to revise an order of the learned First Additional Judge City Civil Court, Hyderabad dismissing an application filed by the petitioners herein for summoning the respondent for cross-examining her with regard to the averments made by her in the counter affidavit filed in I. A. No. 204 of 1972 in O. S. No. 493 of 1970.
(2.) The relevant facts are as follows : The respondent filed the suit O. S. No. 493 of 1970 for partition and recovery of a share in the suit properties. It appears that the suit was called on 11-2-1972 and the petitioners-defendants 1 and 2 were set ex parte and the suit was posted to 15-2-1972 for respondent-plaintiff's evidence. The counsel for the petitioners filed an application. I. A. No. 174 of 1972 supported by an affidavit for setting aside the ex parte order. The reasons set out in the affidavit were that the counsel was held up in the High Court, that by the time he could attend the City Civil Court, the case was called and the petitioners were set ex parte, that his absence was not due to any wilful negligence or default, and that there was sufficient cause for his not being able to be present when the suit was called. This application was opposed by the respondent by filing a counter affidavit traversing the allegations made in the affidavit. In the last paragraph of the counter affidavit, it was stated by the respondent as follows : "Under the above circumstances, this plaintiff submits that the ex parte order passed against the defendants Nos. 1 and 2 on 11-2-1972 may be set aside, not because there are valid grounds for doing so but because of affording an opportunity to the minor defendant to effectively prosecute these proceedings."
(3.) This application. I. A. No. 174 of 1972 was allowed and the order dated 11-2-1972 setting the petitioners ex parte was set aside, subject however to the condition that the petitioners should pay costs.;

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