THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 702 OF 2014 Dated:12-09-2014 Between:
G. Deepak Reddy
... PETITIONER
AND
G. Padmasree
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 702 OF 2014 ORDER:
The petitioner filed O.S No. 62 of 2010 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad against the respondent for the relief of cancellation of a sale deed.
The respondent was set ex parte and an ex parte decree was passed on 21-04-2010. The respondent filed I.A No. 2784 of 2010 under Order IX Rule 13 CPC, with a prayer to set aside the ex parte decree. She pleaded that the summons in the suit were not served at all. The petitioner opposed the application. He stated that the summons were served and in proof thereof, the bailiff took the signature of the respondent on the concerned form. The trial Court allowed the I.A through order dated 25-03-2013. Hence this revision.
Heard Sri M.V. Suresh, learned counsel for the petitioner.
It was the specific case of the respondent that she did not receive the summons in the suit. In case the petitioner is of the view that the respondent received the summons and subscribed her signature on the concerned form taken to her by the bailiff, the only course open to him was to summon the concerned record and examine the bailiff. No such steps were taken. Though it is strongly urged that the burden to prove that she did not receive the summons is upon the respondent, this Court is not inclined to accept the same. The reason is that a person cannot be expected to prove a negative fact.
The C.R.P is accordingly dismissed.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
12-09-2014
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