This revision was dismissed at the admission stage. The Court held that the petitioner, who had earlier filed an affidavit as Pw.3 and whose evidence was heard, could not now claim lack of knowledge to set aside the ex parte order.
Revision dismissed at the admission stage; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No. 3621 of 2012.
ORDER:
This revision is directed against the order dt. 2.5.2012 in I.A.No. 44 of 2012 in O.S.No. 36 of 2006 on the file of the Jr. Civil Judge, Madakasira.
The revision petitioner is the 6th defendant. An ex parte order was passed on 9.9.2011. According to the revision petitioner, summons were served but she could not attend the court and consequently, an ex parte order was passed. As can be seen from the record, the court below felt that the petitioner is sailing with the plaintiff. In fact the revision petitioner is said to have appeared before the Court earlier and the affidavit was also filed as Pw.3 and as she did appear, the evidence was eschewed on 20.1.2011. Therefore, it is quite clear that the revision petitioner is having knowledge about the proceedings and having gone to the extent of supporting the case of the plaintiff by filing an affidavit, latter tried to change the stand and sought to set aside the ex parte order. There is no justifiable ground or reason and the claim of the petitioner that she may be permitted to participate in the trial cannot also be considered since she had already filed affidavit as Pw.3 and the same was eschewed because she did not appear. In the circumstances, there are no merits in the revision and the same is accordingly dismissed at the stage of admission. There shall be no order as to costs.
____________________________ N.R.L.NAGESWARA RAO, J 03.08.2012. KRB.
THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO
C.R.P.No. 3621 of 2012.
ORDER:
03.08.2012.
1 issue framed by the court
Whether the revision petitioner is entitled to set aside an ex parte order passed in a civil suit given her prior participation in the proceedings.
N.R.L. NAGESWARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
