BHIMRAO PUNDALIK BHALERAO Vs. UNITED WESTERN BANK LTD

JUDGEMENT

(1.) Rule, Rule made returnable forthwith. Heard finally with the consent of parties.

(2.) The Civil Revision application takes exception to the order dated 3rd December, 2001 by Civil Judge Senior Division, Amalner, in Misc. Application No. 3 of 1999.

(3.) The Civil Revision applicant herein fled Misc. Application No. 3 of 1999 before Civil Judge Senior Division, Amalner, under Order 9Rule 13 of the Civil Procedure Code. The respondent herein filed Civil Suit NO. 2 of 1997 against the applicant for recovery of Rs. 30,983/- (Rs. Thirty thousand nine hundred eight three). The applicant herein appeared in the suit but could not file Written Statement. When the case was fixed for final hearing, applicant's Counsel was absent, as he has to appear before the Court of Civil Judge Junior Division, Chopada. It is further case of the applicant that the letter issued by his Advocate, could not received by him in due course, because the applicant was performing his duty at some other village. As a result, the suit was decided exparte on 18th December, 1998. As the applicant could not appeared in Special Civil Suit No. 2 of 1997, the suit was decided exparte. Therefore, Misc. Application was filed by the applicant herein for setting aside the exparte decree.