IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION Nos.4279, 4292 & 4314 OF 2010 CIVIL REVISION PETITION No.4279 OF 2010 Between: G. Sukanya. - - - Petitioner. AND Dr. N.V. Rama Rao and 5 others. - - - Respondents. This Court made the following : HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA C.R.P.Nos.4279, 4292 & 4314 OF 2010 COMMON ORDER: These three Civil Revision Petitions are inter-related with each other and they are taken up together for disposal by this common order. Three suits have been instituted by different plaintiffs against the petitioner herein and Defendant Nos. 2 to 4. The said suits are filed for specific performance of the agreements of sale and they were numbered as O.S. Nos.232, 235 and 238 of 2004. In the said suits, one P. Suguna, who is the 4th defendant died and as such her legal representatives were brought on record as defendant Nos. 5 and 6. Defendant Nos.5 and 6 did not file any written statement and have not chosen to put in their appearance and as such they were set ex parte. Thereafter, the trial Court proceeded with the trial of the suit and the plaintiffs’ evidence was over. At that stage, the petitioner who is the 6th defendant in the said suits filed three applications i.e., I.A. No.269 of 2010 in O.S. No.232 of 2004, I.A. No.268 of 2010 in O.S. No.238 of 2004 and I.A. No.270 of 2010 in O.S. No.235 of 2004 under Order 9 Rule 7 of C.P.C. seeking to set aside the ex parte order dated 30-04-2008 passed against her and permit her to file written statement and participate in the proceedings. On notice, the respondents filed detailed counter stating that the petitioner cannot be permitted to take such a plea at a belated stage and the said exparte order cannot be set aside. The trial Court having considered the submissions of either sides, by its order dated 30-06-2010 allowed those three applications and set aside the ex parte order and permitted the petitioner to come on record and participate in the suit proceedings from the stage at which she has put in her appearance and the written statement filed along with the said applications however were not accepted and received by the trial Court. In those circumstances, Defendant No.6 i.e., the petitioner herein approached this Court and filed these three revisions. Heard the learned counsel appearing for the petitioner-defendant No.6, Sri Subba Rao Korrapati. In my considered view, the common order passed by the Court below appears to be not correct. When once the trial Court has set aside the ex parte order and permitted the petitioner to come on record, in my considered view, it ought to have permitted the petitioner to file her written statements also. Without filing any written statement, it is not known as to how the petitioner can participate in the said proceedings. Of course, after permitting the petitioner to file written statement it can restrict the petitioner to participate in the suit proceedings from the stage at which her written statement is filed. Simply by permitting the petitioner to file her written statement, it cannot be presumed that she is permitted to put back the hands of the clock by permitting her to recall the witness who was already examined. As stated supra, though she is permitted to file the written statement, she can participate in the suit proceedings only from the stage at which the said written statement has been filed. Accordingly, these three Civil Revision Petitions are allowed and the petitioner is permitted to file her written statement and shall be permitted to participate in the suit proceedings from the date on which her written statement has been filed. Having regard to the fact that the suits are of the year 2004, the learned Principal Senior Civil Judge, Warangal, is hereby directed to give priority and decide the suits at the earliest i.e., within a period of six months from the date of receipt of a copy of this Order. No costs. __________________________ GOPALA KRISHNA TAMADA, J. December, 03, 2010. DSH