BECHAN Vs. MST. SHANKARA

JUDGEMENT

(1.) This is a revision petition by Bechan plaintiff revisionist against the judgment and order dated 1.10.1980 by the learned Additional Commissioner, Faizabad Division, Faizabad, allowing the appeal and remanding the restoration application for further hearing.

(2.) I have heard the learned counsel for the applicant and have also perused the record. The opposite party did not appear in spite of due service by registered post.

(3.) The facts of the case in brief are that the suit was decreed ex parte on 27.9.1977 and Mst. Shankara defendant filed a restoration application on 26.2.1979 which was rejected by the learned trial court after full consideration of facts and on giving a finding that the defendant had full knowledge of the litigation and intentionally avoided to find out the date of appearance in the court. In the first appeal, the learned Addl. Commissioner has observed that the notice had not been served on the defendant personally and the case was decided ex parte after publication of notice in the newspaper and since the defendant was an uneducated and poor woman, it was in the interest of justice to restore the case.