P PETER Vs. CHURCH OF SOUTH INDIA TRUST ASSOCISTION
LAWS(APH)-2008-10-18
HIGH COURT OF ANDHRA PRADESH
Decided on October 23,2008

P PETER Appellant
VERSUS
CHURCH OF SOUTH INDIA TRUST ASSOCISTION Respondents




JUDGEMENT

- (1.)HEARD Sri S. Balchand, learned Counsel representing revision petitioner and Sri N. P. Sangam, learned Counsel representing respondents.
(2.)THE civil revision petition is filed under Article 227 of the Constitution of India as against an order dated 30th April 2008 made in LA. No. 154 of 2007 in O. S. No. 141 of2006 by the learned I Additional Chief Judge, City Civil Court, Secunderabad.
Respondents herein, the defendants in the suit, filed LA. No. 154 of 2007 in O. S. No. 141 of 2006 aforesaid under Order Ix Rule 13 read with 151 of the Code of Civil Procedure to set aside the ex parte decree dated 17. 12. 2007 made in O. S. No. 141 of 2006. The learned Judge having formulated the point for consideration at Para 7, recorded reasons commencing from Paras 8 to 18 and ultimately allowed the application without costs. Aggrieved by the same, the revision petitioner had preferred the present civil revision petition.

(3.)SRI S. Balchand, learned Counsel representing the revision petitioner had taken this Court through the language of Order Ix Rule 13 of the Code of Civil Procedure and also the findings recorded by the learned I Additional Chief Judge, City Civil Court, Secunderabad, while allowing the application to set aside the ex parte decree and would maintain that the said cause would not constitute sufficient cause. The Counsel also would maintain that even otherwise allowing the application to set aside ex parte decree without imposing any conditions, whatsoever, at least deposit of costs, also being erroneous at least the order impugned in the civil revision petition to be accordingly modified. The learned Counsel placed reliance on certain decisions.
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