THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4276 OF 2003 JUDGMENT: 1. This Civil Miscellaneous Appeal is preferred aggrieved by the order dated 27.08.2003 in I.A. No.496 of 2002 in O.S. No.577 of 2000 on the file of the I Additional Senior Civil Judge, Visakhapatnam, whereunder and whereby petition filed by the petitioner/defendant no.2 under Order IX Rule 13 of the Code of Civil Procedure, 1908 (for short, ‘C.P.C.’) was dismissed. 2. The petition is filed to set aside ex parte decree dated 19.2.2002 passed in the suit against the petitioner/D.2 on the ground that he was working as Guard in South Central Railway and due to some urgent work, he could not meet his counsel for preparation of the written statement. 3. The first respondent/plaintiff filed the suit against the petitioner and second respondent herein, for recovery of money. The petitioner received summons in the suit, engaged an advocate and took several adjournments for filing written statement. As the written statement has not been filed, he was set ex parte and an ex parte decree was passed on 19.2.2002. Under Order IX Rule 13 C.P.C., if a person is prevented by ‘sufficient cause’, then it can be said to be a ground to set aside ex parte decree. The word ‘sufficient cause’ has not been defined under Order IX Rule 13 C.P.C. A cause which is beyond the control of the party invoking aid of the said provision, can be said to be a ‘sufficient cause’. No explanation is forthcoming in the affidavit filed in support of the petition for the absence of the petitioner on 19.2.2002. In the absence of any explanation for his absence on 19.2.2002, the trial Court rightly dismissed the petition and the impugned does not suffer from any infirmities so as to call for interference by this Court. 4. The Civil Miscellaneous Appeal is devoid of merit and is, accordingly, dismissed. No costs. ---------------- 05.10.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4276 OF 2003 Date: 05.10.2010 Between: G.Satyanarayana …appellant And M.Naga Satya Bhaskaram & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4276 OF 2003 05.10.2010