HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI
CIVIL REVISION PETITION No. 889 of 2023
ORDER:
By way of this civil revision petition, the defendants in O.S. No. 21 of 2019 challenges the docket orders passed by the Junior Civil Judge, Pargi, Vikarabad District, dated 24.08.2022 in dismissing the application filed by them in I.A. No. 142 of 2019. By the impugned order, the learned Junior Civil Judge dismissed I.A. No. 142 of 2019 filed by the revision petitioners under Order IX Rule 7 C.P.C. to set aside the ex parte orders, dated 29.03.2019 for non-compliance of the conditional orders dated 07.07.2022.
The respondents herein filed the suit in O.S. No. 21 of 2019 against the defendants-revision petitioners herein, seeking perpetual injunction in respect of the suit schedule property. On the report of the Process Server submitted to the court to the effect that the notices/summons were refused by the revision petitioners, the Court treated the revision petitioners as ex parte on 29.03.2019 and posted the suit for ex parte judgment. At that stage, the revision petitioners approached the trial Court by way of I.A. No. 142 of 2019 seeking to set aside the ex parte orders dated 29.03.2019 on the ground that the Process Server 2 never visited their house and no such notices/summons were sought to be served on them. Considering the grounds pleaded by the revision petitioners as satisfactory, the learned Junior Civil Judge allowed the I.A. on 07.07.2022 setting aside the ex parte orders, dated 29.03.2022 on condition of payment of costs by the revision petitioners to the Mandal Legal Services Authority. However, as the conditional order was not complied and as there was no representation on behalf of the revision petitioners on 24.08.2022, the learned Junior Civil Judge passed the impugned order dismissing the I.A. No. 142 of 2019. Hence, the revision petitioners before this Court.
The only contention of the revision petitioners is that non- compliance of the order dated 07.07.2022 for payment of costs of Rs.200/- and non-representation on their behalf on 24.08.2022 is neither intentional nor willful and that if the suit is not restored and the petitioners are not afforded an opportunity to contest the proceedings, they will be put to irreparable loss and hardship.
Considering the facts and circumstances of the case and in light of the contention of the revision petitioners that the Process Server neither visited their house nor served any notices/summons, this Court is of the view that instead of 3 appeasing the matter in a narrow compass or on technicalities, an opportunity may be given to the petitioners to contest the suit by imposing heavy costs.
Accordingly, the C.R.P. is disposed of setting aside the impugned docket order, dated 24.08.2022 subject to the revision petitioners paying costs of Rs.1,000/- to the concerned Mandal Legal Services Authority on or before 06.04.2023. On payment of such costs, I.A. No. 142 of 2019 shall stand allowed and the learned Junior Civil Judge shall proceed with the trial of the suit in O.S. No. 21 of 2019. It is made clear that in default of payment of costs within the stipulated period, the I.A. No. 142 of 2019 shall stand dismissed automatically.
Pending Miscellaneous Petitions, if any, shall stand closed.
_____________________________ JUSTICE M.G. PRIYADARSINI 23-03-2023 tsr 4 HONOURABLE SMT. JUSTICE M.G. PRIYADARSINI CIVIL REVISION PETITION No. 889 of 2023 DATE: 23-03-2023