The court dismissed a civil revision petition challenging the order rejecting a delay condonation petition. The plaintiff succeeded in a suit for a reasoned judgment on evidence; the petitioner failed to prove his case and appeal to set aside the decree was rejected.
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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITON No. 4926 OF 2016
ORDER:
This revision petition is filed questioning the order dated 18.07.2016 passed in I.A.No.119 of 2016 in O.S.No.14 of 2012 on the file of the court of Junior Civil Judge, Venkatagiri, dismissing IA seeking to condone the delay of 332 days in filing the petition seeking to set aside the ex parte decree.
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closing of the plaintiff’s evidence on 13.06.2014, several adjournments were granted and costs were also imposed. In spite of the same, petitioner/defendant did not turn up for giving evidence. Finally on 12.03.2015, matter was adjourned by imposing costs and there being no representation on 12.03.2015, the defendant’s evidence was closed and thereafter on 07.04.2015, final judgment was made. It can be noticed that the plaintiff was cross examined by the respondents/defendant’s counsel. It is also an undisputed and admitted fact that there was evidence on behalf of the plaintiff and it is the defendant who failed to adduce any evidence. The judgment is passed for analyzing the available evidence on record and it is a reasoned judgment.
ex parte decree itself is doubtful. The impugned order of the court below dismissing the petition as not maintainable holding that the judgment made on 07.04.2015 is a judgment on merits, does not call for any interference by this court.
The Civil Revision Petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
November 7, 2016
_________________________________________ JUSTICE CHALLA KODANDA RAM
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LMV
1 issue framed by the court
Whether condonation of a delay of 332 days in filing a petition to set aside the ex parte decree is maintainable. Whether the judgment dated 07.04.2015 can be treated as a valid judgment on merits. Th
1 provisions across 1 enactments
THE PETITIONER
THE JUNIOR CIVIL JUDGE, VENKATAGIRI
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
