THE HONOURABLE SRI JUSTICE GODA RAGHURAM CRP NO.6294 OF 2009 26-03-2010 BETWEEN; Utukuri Koteswara Rao ...petitioner vs. Nallamalli Satyanarayana ...Respondent THE HONOURABLE SRI JUSTICE GODA RAGHURAM CRP NO.6294 OF 2009 ORAL ORDER: This revision is by the defendant in O.S.No.219 of 2006 on the file of the Court of Principal Junior Civil Judge, Ongole. The respondent herein filed the suit for recovery of arrears of rent for a building of which the revision petitioner was a tenant. The revision petitioner filed a written statement; claimed to have paid an advance amount of Rs.70,000/- and that the interest thereon was to be adjusted towards rent and he was not due any amount as claimed by the plaintiff. He also reserved his right to file a counter claim or a separate suit for recovery of the amount of Rs.70,000/- from the respondent/plaintiff. The plaintiff’s evidence was concluded and was posted to 15-03- 2007 for the evidence of revision petitioner/defendant. The revision petitioner had by 15-03-2007 sought three or four adjournments for adducing his evidence and on 26-03-2007 when the matter was again called, the petitioner was absent and there was no representation either on his behalf. The trial court closed the evidence of the defendant and posted the suit for arguments on 28-03-2007. On 28-03- 2007 neither the petitioner nor his counsel represented the matter at the stage of arguments. The court passed ex parte judgment and decree. The petitioner thereupon filed I.A.No.1184 of 2007 seeking setting aside of the ex parte decree. The learned Principal Junior Civil Judge, Ongole, rejected I.A.No.1184 of 2007 on several grounds including that no satisfactory cause was shown for non-appearance of the revision petitioner/defendant despite repeated adjournments for marshalling of evidence nor at the time of arguments in the trial of the suit. Aggrieved thereby, the petitioner filed CMA 4 of 2009. The above appeal was dismissed by the order impugned dated 19-09-2009 by the learned I Additional District Judge, Ongole. By the order impugned the lower appellate court clearly held that no sufficient cause was shown and the revision petitioner/defendant was clearly and grossly negligent in defending the suit. He had filed a vague affidavit in support of I.A.No.1184 of 2007, pleading no justifiable reasons for the gross negligence in defending the suit, in marshalling evidence on his behalf; nor any justification for appearance at the stage of arguments. The lower appellate court also held that despite taking defence that he had paid an advance amount of Rs.70,000/- and the interest in the said amount was to be adjusted towards rent and that he reserves his right to file his counter-claim or a separate suit for the said amount, no such steps were taken by the revision petitioner/defendant though the suit was filed in the year 2006. The Court below rightly concluded that application was filed only to protract the litigation and there are no bona fide reasons. This Court finds no error in the appreciation of legal principles nor a perversity in the exercise of discretion, by the courts below in rejecting the petitioner’s application, I.A.No.1184 of 2007. There are no merits. The Civil Revision Petition is accordingly dismissed at the stage of admission. No order as to costs. ___________________ GODA RAGHURAM,J 26TH MARCH 2010. TSNR