THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Miscellaneous Appeal No.2665 of 2001 JUDGMENT: The respondent filed the O.S.No.650 of 2000 in the Court of VII Senior Civil Judge, City Civil Court, Hyderabad, against the appellant, for recovery of certain amount. The suit was decreed ex parte, on 24.11.2000. The appellant filed I.A.No.34 of 2001, under Rule 13 of Order IX C.P.C., with a prayer to set aside the ex parte decree. He pleaded that the summons were not served upon him. The applications was opposed by the respondent. Through its order, dated 11.09.2001, the trial Court dismissed the I.A. Hence, this C.M.A. Heard learned counsel for the appellant. Though the respondent is served with notice, it has not chosen to enter appearance. The appellant felt aggrieved by the ex parte decree. He pleaded that the summons were not received by him. The ex parte decree was passed on 24.11.2000. The application was filed within one month from the date of that decree. This is not a case where the suit came to be decreed long after it was filed, or that the application under Order IX Rule 13 C.P.C. is filed years after the ex parte decree was passed. The filing of the suit, passing of ex parte decree and filing of the application under Order IX Rule 13 C.P.C., occurred in quick succession, with the intervals of hardly months. The trial Court ought to have given an opportunity to the appellant to contest the suit, on merits, instead of dismissing the application, on hyper technical grounds. An interim order was passed by this Court, on 09.11.2001, granting stay of the decree, on condition that the entire decretal amount and costs are deposited within four weeks. Learned counsel for the appellant is not able to state as to whether the condition has been complied with. The C.M.A. is allowed, subject to the condition that the appellant deposits the said amount, if not deposited already, within four weeks from today. In case the amount is so deposited, the ex parte decree shall stand set aside and the trial Court shall decide the suit, on merits. If the condition is not complied with, the ex parte decree shall hold good, and it shall be open to the respondent to execute the same. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J. Dated:26.08.2009. GJ