S N SAPRA Vs. P K JANA

JUDGEMENT

(1.) The instant appeal challenges two orders passed by the learned Trial Judge. The two orders are dated 3.8.2007 and 7.12.2007. Vide first order dated 3.8.2007, plaintiff's application under Order 9 Rule 9 of the Code of Civil Procedure has been dismissed. Order dated 14.5.2007 dismissing the suit filed by the appellant in default of appearance was sustained.

(2.) Reasons stated in the application under Order 9 Rule 9 CPC for non appearance on 14.5.2007 was that the counsel for the plaintiff had gone to attend the marriage of his near relative and on said account could not appear in court.

(3.) Learned Trial Judge noted that the application was supported with the affidavit of the clerk of the counsel. It has further been observed by the learned Trial Judge that even counsel of the plaintiff has failed to tell as to whose relation he has gone in the marriage on 14.5.2007.