KAILASH NATH Vs. RAJIV RATAN

JUDGEMENT

(1.) This revision has been filed by the plaintiff challenging the correctness of the order passed by the Judge Small Cause Court allowing the defendant's application for setting aside the ex parte order.

(2.) In order to appreciate the controversy involved in the present case, it is necessary to narrate the brief facts of this case. It transpires that 21.5.1987 was fixed for evidence, on which date the defendant did not appear and the plaintiff was present. Accordingly, the Court passed an order to proceed ex parte against the defendant. It further transpires that the Court proceeded to hear the case and in support of his case, the plaintiff filed his affidavit as evidence. Before the judgment could be delivered, the defendant appeared and moved an application along with an affidavit praying that the order directing the case to proceed ex parte be recalled in the interest of Justice. An objection on this application was filed by the plaintiff and the matter was adjourned to 4th July, 1988, for disposal of the defendant's application. On 4.7.1988, the defendant's application was allowed and the order dated 21.5.1987, directing the case to proceed ex parte against the defendant was set aside.

(3.) The correctness of this order has been challenged by the plaintiff in this revision.