BATA INDIA LIMITED Vs. ASHWINI KUMAR SAREEN

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails order dated 19.10.2012 of the learned ADJ in Civil Suit No. CS 388/2009.

(2.) THE petitioner herein had filed an application Under Order 9 Rule 7 CPC read with Section 151 CPC for setting aside order dated 24.10.2011 and11.01.2012 passed against it by the ADJ. Vide order dated 24.10.2011, the right of the petitioner as defendant to cross examine the witness (PW-1) was closed and vide order dated 11th <DJG> JANUARY 2012 THE PETITIONER WAS PROCEEDED EX-PARTE BY THE LEARNED ADJ.</DJG>

(3.) THE pleas which have been taken in the present petition are similar to what were taken before the Court of ADJ. Before proceeding to discuss those submissions, the proceedings conducted in the trial court as recorded by the learned ADJ in the impugned order may be noted. Issues in the suit were framed on 27th January, 2010. The respondent examined his witness (PW-1) on 29.11.2010 and 01.04.2011. On 01.04.2011 his cross examination was deferred on the request of the petitioner's counsel. On 24th October 2011, this witness appeared for cross examination, but none appeared for the defendant/petitioner and consequently after waiting till 1.00 pm the cross examination of this witness (PW-1) was closed. Then case was adjourned to 11th January, 2012 for defense evidence. On this date also none appeared for the petitioner up till afternoon session and consequently the matter was proceeded ex-parte and was adjourned for final arguments for 8th February, 2012. On this date Mr. V.S. Sisodia, Adv. appeared for the petitioner and filed memo of parties. The respondent/plaintiff addressed his arguments and also filed written arguments.