KHAZAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision is directed against the order of the learned Additional District Judge, Delhi, dated 15/3/2000, thereby allowing the defendants' application under Order 9 Rule 7 Civil Procedure Code and setting aside the order of ex-party proceedings subject to payment of Rs.2,000.00 as cost.

(2.) Briefly, the relevant facts leading to the present revision petition are that the petitioner/plaintiff herein has filed a suit for permanent injunction against the defendant viz, Union of India through Secretary, Ministry of Home Affairs, Government of NCT of Delhi through its Chief Secretary.

(3.) The defendants were served with the summons of the suit but they absented and so were ordered to be proceed ex-parte vide an order dated 19/8/1999. Ex-parte evidence was recorded on 6/10/1999 and the case was adjourned to 8/10/1999 for arguments. On the adjourned date none was present and, therefore, the case was adjounrned to 19/11/1999 for arguments/orders. On 19/11/1999 appearance was put in on behalf of the defendants through counsel and the case was. adjourned to 25/11/1999 for further proceedings. On 24/11/1999 an application under Order 9 Rule 7 was filed on behalf of the defendants praying for setting aside the order of ex-parte proceedings which came up for hearing on 25/11/1999 and the court ordered the plaintiff to file reply to the said application and application under Section 5 of the Limitation Act by 15/12/1999. Reply to the applications was filed on behalf of the plaintiff and the defendant also filed their written statement on 15/12/1999. On a consideration of the matter the learned trial court allowed the application. The following observations made by the trial court are relevant:-