M R SINGH Vs. SHYAM P TEWARI

JUDGEMENT

(1.) This revision petition under Section 115 of the Code of Civil Procedure, 1908, hereinafter referred to as the CPC, is directed against an order dated 27th of May, 1989 made by Shri G.S. Dhaka, Additional District Judge, Delhi, dismissing the petitioner's application under Order 9 Rule 7 CPC, to set aside a previous order made on 28th of February 1989 to proceed ex parte against him in a suit for recovery of money filed by the respondent plaintiff.

(2.) The suit was filed on 5th of December 1988. On the date fixed in the summons, the defendant who is a resident of village Sansa, District Ghazipur, UP, appeared through counsel and sought time to tile his written statement and the case was adjourned to 28th of February 1989. On this day, an order was made to proceed ex parte against the petitioner defendant as no one appeared for him nor written statement was filed upto 2.30PM and the Court adjourned the suit to 7th of April 1989 for ex parte evidence of the plaintiff. Before the adjourned date of hearing, on 31st of March 1989 the defendant made an application under Order 9 Rule 7, CPC, and prayed that the ex parte order dated 28th of February 1989 be set aside and he be allowed to file the written statement and contest the case on merits.

(3.) In the application, in paragraph 2, the defendant explained the cases for the previous non-appearance of his counsel as follows :