ANIKA MAAN Vs. ANGOORI DEVI

JUDGEMENT

(1.) Heard Mr. Sandeep Kothari, Advocate for the petitioners.

(2.) Petitioners are plaintiffs in Original Suit No. 47 of 2021, which is pending before Additional Civil Judge (Senior Division), New Tehri. They have challenged an order passed by learned trial Court on 21/4/2022, whereby defendants' application under Order 9 Rule 7 C.P.C. has been allowed.

(3.) The suit was filed on 4/9/2021, on which notice was issued to the defendants. Due to non-appearance of the defendants despite notice, learned trial Court, on 30/11/2021, ordered for proceeding ex-parte against them. Defendants moved an application under Order 9 Rule 7 C.P.C. stating that defendant No. 1 is an old woman, who due to ill health and bad weather could not appear before the Court on 30/11/2021, therefore, order for proceeding ex-parte against the defendants was passed, which may be set aside and she may be permitted to file written statement. An objection was filed by the petitioners contending that no good cause has been shown by defendant No. 1 in her application under Order 9 Rule 7 C.P.C. Learned trial Court allowed the application filed by the defendant No. 1 vide order dtd. 21/4/2022, which is impugned herein.