SURESH KUMAR Vs. DILESHWARI DEVI

JUDGEMENT

(1.) This appeal under Order XLIII CPC impugns the order of the trial court dated 4.10.2013 dismissing the application under Order IX Rule 13 CPC filed by the appellants/defendants. Since the impugned order is a short order, I reproduce the same as under:-

(2.) Application under Order IX Rule 13 CPC would be maintainable only on showing sufficient cause for non-appearance on the date fixed in a case like the present where the appellants/defendants were served, they had filed their pleadings, and evidence of the respondent-plaintiff was led in the case. The only reason given by the appellants/defendants is that they were given assurance by the respondent-plaintiff that the case would not be pursued by the respondent-plaintiff has rightly been disbelieved by the trial court because there is nothing to substantiate the same.

(3.) I may note that the appellants had already filed a regular first appeal impugning the judgment and decree, and that regular first appeal being RFA 566/2013 was unconditionally withdrawn on 16.12.2013.