IN THE COURT OF HONOURABEL PRINCIPAL SENIOR CIVIL JUDGE

AT KADAPA
I.A No /2018
In
O.S No.57/2018
Rekam Raja …Petitioner/ Defendant
Vs.
Obulreddy Bala Veera Reddy …Respondent/ Plaintiff
COUNTER FILED ON BEHALF OF THE RESPONDENT
1. The petition is unjust and not maintainable either in law or
on facts.

2. The petitioner is put to strict proof on all the allegations

made in the affidavit which are not expressly admitted here in by this
Respondent.

3. The petitioner received court summons and engaged his

advocate for filing his statement in O.S No. 57/2018. The petitioner did
not file his written state even after 90 days given for submission of his
written statement. The petitioner did not file the written statement on
07/06/2018. The Honourable court was pleased to call the petitioner
as absent on 07/06/2018 and set him exparte on 07/06/2018 and
posted the suit for the evident of the plaintiff to 13/06/2018 and later
posted the suit to 13/07/2018 for the evidence of the plaintiff. The
advocate for the plaintiff filed PW-1 chief-examination in the
Honourable court on 13/07/2018. Then the petitioner rushed to the
Honourable court and filed a petition on 13/07/2018 for setting aside
the exparte order dated 07/06/2018. The petitioner says in his affidavit
he was not feeling well to consult his advocate for filing his written
statement on his behalf. The petitioner did not file any medical
certificate in the Honorable court to prove that he was not feeling well
from 07/06/2018 upto 13/07/2018 for consulting his advocate for filing
his written statement in O.S No.57/2018.

4. The petitioner has been keeping perfect health from all this
days from 07/06/2018 upto 13/07/2018. The petitioner falsely stated
in his affidavit that he was not feeling well on all those days for
meeting his advocate for preparation of his written statement in this
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suit. The petitioner is watching the proceedings in OS No.57/2018 and

abusing the process of the Honourable court in order protract the
disposal of O.S No.57/2018. There are no bonafides in the allegations
made in the affidavit of the petitioner. The petitioner filed this petition
U/S 151 of C.P.C instead of correct provision of law. The petitioner in
the petition stated falsely the exparte order as 05/02/2018 instead of
07/06/2018. The petitioner is not serious upto to the mark for
submission of true facts to the Honourable court for setting aside the
exparte order dated 07/06/2018. There are no merits in this
application. This petition is liable to be dismissed with exemplary costs.

5. Prayer: Therefore the respondent prays that Honourable

court may be pleased to dismiss this petition with exemplary costs of
Rs.2,000/- in the interest of Justice.

The above stated facts are verified and those facts are true and
correct to the best of my knowledge, information, and belief and
signed this at Kadapa on 16th Day of July 2018.

Advocate for the respondent/plaintiff

IN THE COURT OF HONOURABEL
PRINCIPAL SENIOR CIVIL JUDGE
AT KADAPA
I.A No /2018
In
O.S No.57/2018
Rekam Raja

…Petitioner/ Defendant

Vs.

Obulreddy Bala Veera Reddy

…Respondent/ Plaintiff

COUNTER FILED ON BEHALF

OF THE RESPONDENT

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocate for the respondent/plaintiff,
Kadapa.