SRIRAM MALIK Vs. KILITO MARINE SERVICE

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the respondent. Rule. Rule made returnable forthwith with the consent of the learned counsel for the parties. Learned counsel for the respondent waives service.

(2.) THE respondent herein filed the Special Civil Suit No. 13/2001 /a in the court of the Civil Judge, Senior Division, Vasco da Gama. The suit was filed on 15th March, 2001 and the matter came up for passing orders before the learned civil Judge, Senior Division on 16th March, 2001. The learned Civil Judge, Senior division, passed the order for issue of summons for settlement of issues to the petitioners/defendants returnable on 17th March, 2001. The suit summons was duly served on the petitioners/defendants. However, the petitioners failed to appear before the Court on that day and their absence was recorded on 17th march, 2001. The matter was then fixed on 31 st March, 2001. On that day also the defendants were absent and therefore the Court passed the order that the suit should proceed ex parte against the defendants. On 9th April, 2001, the respondent/ plaintiffs advocate as well as the defendants' advocate appeared before the Court and then the defendants filed an application, being Civil Miscellaneous Application no. 79/2001, for setting aside the ex parte order passed against them. The application was heard and then the learned Civil Judge by his Order dated 12th September, 2001, rejected the application. Hence the present revision application.

(3.) THE petitioner no. 1 took the stand that he had received the summons on 17th March, 2001 but because of his other engagements he could not attend the court on that day and then he took the stand that on the next day as defendant no. 1 was sick he could not attend the Court. So on 9th April, 2001, he actually filed his appearance in the matter. The learned Civil Judge, Senior Division, has observed that the petitioner no. l has failed to give sufficient cause as to why he could not appear in the Court during the period from 18th March, 2001, to 29th march, 2001. It is also observed by the learned Civil Judge, Senior Division, that the defendant no. 1 was having his office at Vasco da Gama and he could have made some arrangement asking his advocate to file appearance in the Court on 17th March, 2001 itself and as the Judge was not satisfied with the reason given by the defendant no. 1, the application for setting aside the Order treating the defendants ex parte was rejected.