AJAY PAL Vs. CHITRA PEDNEKAR SPINSTER

JUDGEMENT

(1.) THE above Petition challenges the Order passed by learned Civil Judge, Junior Division at Vasco da Gama, in Civil Misc. Application no. 1/2001/D in Regular Civil Suit No. 5/1998/D, dated 02.06.2001, whereby the application dated 02.01.2001 filed by the Petitioner to set aside the exparte Order dated 02.12.2000 came to be rejected.

(2.) IT is the case of the Petitioner that the Petitioner was served in a suit filed by Respondent nos. 4, 5 and 6 in Uttar Pradesh somewhere in November 2000 and immediately thereafter, he contacted a lawyer Shri Menino Pereira to file his written statement to the counter claim filed by the Respondent nos. 1, 2 and 3. It is further his case that the Petitioner is an illiterate person and he was relying upon the advice given by the said Counsel and, as such, there was a delay in filing such written statement. It is further his case that immediately after he learnt about the said exparte order, an application was filed on 02.01.2001 to the learned Judge to set aside the Order to precede exparte against the said Petitioner and permit him to file his written statement. The Respondent nos. 1, 2 and 3 opposed the said application by filing a reply and claiming, inter alia, that the Petitioner has failed to make out any sufficient cause to set aside the exparte order. The said Respondents as such pray that the application deserves to be rejected.

(3.) LEARNED Counsel, Shri T. Pereira appearing for the Respondents has supported the impugned Order. The learned Counsel has submitted that the Petitioner has not shown any sufficient cause for the purpose of setting aside the exparte order against him and, as such, no interference is called for in the impugned Order.