SITARANI Vs. DAL SINGH

JUDGEMENT

(1.) The instant appeal under Order 43 Rule 1 of Code of Civil Procedure,1908 (hereinafter referred as 'CPC') has been filed challenging the order dtd. 20/1/2010 in M.J.C. No. 05/2009 whereby an application filed under order IX rule 13 has been dismissed on default by the learned 4th Additional District Judge, Damoh.

(2.) The concise account of the case are that Respondent No. 1/plaintiff filed a suit for possession of the land wherein the appellant/defendant submitted her written submission, however, due to some unforeseen reason, she remained absent in the court proceedings and thus an ex-parte judgment and decree was passed against her. Challenging the said judgment and decree, the appellant filed an application under order IX rule 13 of CPC which got registered as M.J.C No. 05/2009. However, the said application got dismissed on default on 20/10/2010 on account of non presence of her counsel. Hence, this appeal.

(3.) Learned counsel for the appellant argued that the trial Court has wrongly exercised its discretion in rejecting the application in default. On account of absence of counsel for the either side, the trial could have issued notice in the interest of justice. The learned trial Court did not consider the reasons shown by the appellant in proper perspective.