GANGADHAR BHAT Vs. SRIKANT

JUDGEMENT

(1.) This Miscellaneous second appeal under Older 43 Rule 1 (u) of the C P.C. 1908, ('the Code') is directed against the order dated August 17, 1978 of the Court of Civil Judge at Gulbarga ("he Appellate Court') in an appealing aside an exparte decree dated February, 24 1978 of the Court of Munsiff, Gulbarga ('the trial Court') in a suit and remitting the suit to the trial Court for further trial and disposal.

(2.) The trial Court had set down the suit, out of which the present appeal arises, for trial on August 22, 1978. On, that day, it received a telegram from counsel for defendants, who was away from town. By that telegram, the counsel had applied for adjournment of the trial on the ground that he was ill The trial Court without granting the adjournment proceeded with the trill of the suit in the absence of the defendants' counsel and the defendants 'tnd passed an exparte decree.

(3.) The defendants preferred an appeal against the exparte decree. The appellate Court heard the appeal and found the the Trial Court was not justified, in proceeding exparte against the defendants, when the illness of defendants' counsel pleaded as a ground of adjournment, was not disputed either by the plaintiff or his counsel The appellate Court therefore, took the view that the trial Court should not have proceeded exparte against the defendants and made an exparte decree against them. Consequently, it allowed the appeal, set aside the exnarte decree and remitted the suit to the trial Court for further trial and disposal.