LAWS(KAR)-1985-1-22

N P SIDDAIAH Vs. K GOPAL

Decided On January 16, 1985
N.P.SIDDAIAH Appellant
V/S
K.GOPAL Respondents

JUDGEMENT

(1.) 1. The petitioner has filed a petition under Order IX Rule 13 of the Code of Civil Procedure, alleging that the respondent had filed a suit against him for recovery of money in O.S. No. 94/1977 and that in pursuance for the service of summons on him he appeared in Court and it was only on 13.10.1977 that he was supplied with the copy of the plaint. From 13.10.1977 it was adjourned to 15.11.1977 for filing the written statement. Again, it was adjourned to 15.12.1977 for written statement. As he did, not appear on that day, he was placed ex parte. It was adjourned to 9.1.1978 for plaintiffs evidence. On 9.1.1978 it was adjourned to 17.1.1978, at the instance of the plaintiff for ex parte evidence. Again, on 17.1.1978, it was adjourned to 25.1.1978 for plaintiffs evidence. On that day, the plaintiff lead the evidence and the trial Court decreed the suit on 25.1.1978.

(2.) According to the petitioner, his father was ill and he had the problem regarding the delivery of daughter-in-law and he himself was ailing during the period from 11.1.1978. Thus, he alleged that there were sufficient grounds for him to remain absent from 11.1.1978 to 27.2.1978. Thus, he filed the petition for setting aside the exparte decree.

(3.) The plaintiff-opponent resisted the petition.