THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP NO.791 OF 2010 ORDER: This civil revision petition is filed against the order dated 17-11-2009 passed in IA No.890 of 2009 in OS No.319 of 2007 by the Senior Civil Judge, Gajuwaka, Vishakapatnam District. 2. Heard the learned counsel for the plaintiff-petitioner. Perused the impugned order passed by the Court below. 3. The Court below having formed an opinion that an opportunity is to be given to the 1st respondent herein-3rd defendant in the suit, set aside the ex-parte order as against the 3rd defendant, to adjudicate the matter on merits by exercising jurisdiction vested in it. Order 9, Rule 7 CPC reads thus: “7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance---Where the Court has adjourned the hearing of the suit ex parte, and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance.” 4. Though the 3rd defendant stated to have refused summons, the Court below observed that immediately after she was set ex-parte, she has come up with this application and that application was allowed on payment of costs, which is in terms of the above rule. Giving opportunity to a party to put-forth his case is always the rule and denial is exception, which will avoid multiplicity of proceedings and secure the ends of justice. In the circumstances, I do not find any illegality or irregularity in the impugned order warranting interference by this Court. The civil revision petition fails and it is accordingly dismissed. No costs. _______________________ Ghulam Mohammed, J Dated : 26th March, 2010 Nrg./