SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of this petition, under Article 227 of the Constitution of India, the pe titioner1 has sought the relief for quashing the order dated 23-12-2002 passed by Dis trict Judge Nainital, in M. C. A. No. 14/ 2001 and order dated 5-9-1992, passed by Civil Judge (S. D.), Nainital in Misc. Case No. 70/1998, contained in Annexure Nos. 1 and 2 to the writ petition.

(2.) THE facts of the petition, in brief, are that suit bearing No. 129 of 1991 was filed by respondent praying for decree bf Rs. 45,799-15? against the petitioner on account of the loss and damages to the vehicle which is alleged to have. been caused by the Truck No. USR 6954 of the petitioner, which was coming from opposite direction on 24-08-1989. THE suit was decreed exparte against the petitioner For a sum of Rs. 45. 799-15p vide order dated 5-9-1992, passed by Civil Judge (S. D.) Nainital. Against the said exparte order, the petitioner filed an application under Order 9, Rule 13 C. P. C. for setting aside the order, along with delay condonation application U/s 5 of the Limitation Act. THE application was rejected by the Civil Judge, on the ground of delay vide order dated 24-7-2001. Feeling aggrieved, the petitioner preferred an appeal which was dismissed by the District Judge, Nainital vide impugned order dated 23-12-2002.

(3.) NONE has appeared on behalf of the, respondent. Heard SriSudhir Singh,learned counsel for the petitioner and pe rused the record.