RAJESH KUMAR ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) BY this petition, the petitioner has challenged an order dated 7th August, 2008 passed by learned ADJ dismissing an application of the petitioner under Order 9 Rule 7 CPC observing that the application was highly belated and moved with an intention of delaying the proceedings.

(2.) THE petitioner was proceeded ex parte on 22nd March, 2007 along with other respondents (petitioner was respondent no. 2 before the Trial Court ). After 22nd March, 2007, petitioner had been appearing before the Trial Court either in person or through counsel. The other respondent namely, respondent no. 3 moved an application for setting aside ex parte order soon after he was proceeded ex parte and his application was allowed. However, the petitioner choose to make an application for setting aside the ex parte order dated 22nd march, 2007 only on 4th August, 2008. The petitioner contended that there was no time limit fixed under the Limitation Act for filing application under Order 9 Rule 7 CPC hence the application filed by the petitioner was within time limit. It was pleaded that petitioner could not come to know about passing of ex pate order on 22nd March, 2007. He came to know of having been proceeded ex parte only on 23rd July, 2008 when his counsel inspected the case file and filed this application.

(3.) ORDER 9 Rule 7 CPC reads as under :