DHELABAI Vs. RAMNATH GAYARAM YADEO

JUDGEMENT

(1.) By this revision, the applicants have challenged the legality and propriety of the order dated 2-2-2002 passed by the Second Additional District Judge, Baloda Bazar in Misc. Civil Appeal No. 29/98, affirming the order dated 4-5-93 passed by the Civil Judge Class-II, Baloda Bazar in Misc. Civil Suit No. 13/93 whereby the learned Civil Judge, Class-II dismissed the application under Order 9, Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') filed by the applicants for setting aside ex parte decree passed against them.

(2.) The order is challenged on the ground that the finding of the Courts below are perverse and caused substantial injustice to the applicants.

(3.) Brief facts of the case are that Civil Suit No. 61A/90 was filed by deceased Ramnath (father of non-applicant No. 1 and husband of non-applicant No. 2) against Hari and Jaita which was decided ex-parte on 18-12-90. An application for setting aside ex-parte judgment and decree was filed by Hariram on the ground that summons of the suit have not been served upon him and only on the basis of endorsement of the postman relating to refusal of registered notice, the Court has proceeded ex parte and ex parte decree was passed. After affording an opportunity of hearing to the parties, learned Civil Judge Class-II has dismissed an application for setting aside ex-parte decree vide order dated 4-5-93. Being aggrieved and dissatisfied with the said order, an appeal was preferred and the same was also dismissed by the order impugned.