P.N. CHANDRASHEKHARAN Vs. DHIRENDRA SINGH

JUDGEMENT

(1.) With the consent of Learned Counsel appearing for the parties, the appeal is heard finally.

(2.) The instant appeal has been preferred against the order dtd. 8/4/2022 (Annexure A1) passed by the 7th Additional District Judge, Durg in Civil M.J.C. No.83 of 2018, whereby the application filed by the Appellant/defendant under Order 9 Rule 13 of the Code of Civil Procedure for restoration of Civil Suit No.79B of 2016 has been dismissed and ex parte decree passed against him has been affirmed.

(3.) The Respondent/plaintiff filed a suit, being Civil Suit No.79B of 2016 against the Appellant/defendant for recovery of Rs.1,65,100..00 The Respondent/plaintiff pleaded that due to good relation between him and the Appellant/defendant, the Appellant/defendant obtained a sum of Rs.1,00,000.00 from him on 8/2/2006 and again obtained Rs.30,000.00 from him on 9/3/2006. On both the occasions, the Appellant/defendant assured him for repayment of the borrowed amount, but he did not repay the amount. In the suit, the Appellant/ defendant remained ex parte and an ex parte decree was passed in favour of the Respondent/plaintiff. Being aggrieved by the ex parte decree, the Appellant/defendant filed an application under Order 9 Rule 13 CPC for restoration of the civil suit to its original number, which has been dismissed vide the impugned order dtd. 8/4/2022. Hence, this appeal by the Appellant/defendant.