SHASHI KANT GUPTA Vs. RAJIV DAVE

JUDGEMENT

(1.) FEELING aggrieved by an order passed by the Judge Small Cause Court dated 23-5- 94 whereunder the application filed by the plaintiff-respondent under Order IX rule 9 of the Code of Civil Procedure, seeking setting aside of the dismissal of the suit no. 25 of 1985 for default on 17-5-90 had been allowed with a direction requiring the defendent to pay a cost of Rs. 215/-. One of the defendents has filed the present revision under section 25 of the Provincial Small Causes Court Act praying for the setting aside of the .order passed by the trial court dated 23-3-94.

(2.) I have heard Sri Murali Dhar, learned Senior Counsel has appeared for the revisionist.

(3.) SRI Murali Dhar, learned counsel for the applicant has asserted that the illness of the son-in-law could not be deemed to consititute sufficient cause for the non-appearance of the plaintiff The contention is that in this view of the matter the application for setting aside the dismissal of the suit in default deserved to be rejected out right.