HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.626 OF 2011 JUDGMENT: The respondent filed O.S. No.907 of 2008 in the Court of the IV Additional Senior Civil Judge, (FTC), Vijayawada, against the appellant for eviction from the suit schedule property and recovery of arrears of rent. An ex parte decree was passed on 27-01-2010. The petitioner filed I.A. No.167 of 2010 under Order – IX Rule – 13 CPC with a prayer to set aside the ex parte decree. The I.A. was dismissed on 09-08-2010. Hence, this appeal. 2. Heard the learned counsel for the appellant and the learned counsel for the respondent. 3. The appellant pleaded that he was not served with the summons and thereby he could not enter appearance in the suit. The trial Court verified the record and on the basis of the endorsement made by the Amin of the Court, it disbelieved the version of the appellant. Instead of proceeding on hyper-technical basis, the trial Court ought to have given opportunity to the appellant. The interests of the respondent need to be protected by directing deposit of part of the arrears of rent and ensuring proper payment of monthly rents. This course is, in a way, provided for under Order – XV-A CPC. 4. Hence, the Civil Miscellaneous Appeal is allowed and the order under appeal is set aside. Consequently, I.A. No.167 of 2010 is allowed on conditions that: a) The appellant shall deposit a sum of Rs.2,00,000/- towards part of arrears within four (4) weeks from today. b) The appellant shall deposit rents @ Rs.20,000/- per month, on or before 10th of ever month, commencing from July 2011. As and when the amounts are deposited, it shall be open to the respondent to withdraw the same without furnishing security. c) The appellant shall also file written statement within fifteen (15) days from today. 5. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J June 20, 2011. KTL