MANOHAR MAHADEO DANDE Vs. MANOHAR BHASKAR BHAVE

JUDGEMENT

(1.) RULE with the consent of the parties made returnable forthwith and heard.

(2.) THE above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 14/06/2011 passed by the learned Additional Judge, Small Causes Court, Nagpur, by which order the application filed by the petitioner for setting aside the order of no cross dated 15th July, 2010 and for setting aside the order of closing the matter for judgment on 3rd December, 2010 came to be rejected. It is the case of the petitioner that the petitioner and his counsel were always remained present on the dates when the matter was fixed for crossexamination. However, on 15th July, 2010 the counsel was late in reaching the Court, as a result of which, the no cross order came to be passed against the petitioner. THE petitioner, therefore, filed the said application Exhibit28 for setting aside the order dated 15/07/2010, which came to be rejected by the impugned order dated 14/06/2011.

(3.) RULE is accordingly made absolute in the aforesaid terms. The petitioner to pay cost of Rs.500/ (Rs. Five Hundred Only) to the respondent for the inconvenience caused.