ANJIRABAI CHANDRABHAN MOON Vs. SUKHDEO KASHINATH THOOL

JUDGEMENT

(1.) THE Counsel for the applicants is absent. Heard Shri Dubey, learned Counsel for the non-applicant Nos. 5, 6 and 8.

(2.) THE civil revision applications are directed against the common judgment and order dated 30-12-1993 passed by the Joint Civil Judge, Senior Division, Nagpur in M. J. C. No. 99/1991 arising out of Special Civil Suit No. 1/1987 as well as M. J. C. No. 100/91 arising out of Special Civil Suit No. 2/1987 whereby delay in filing applications by the defendants/non-applicants under Order IX, Rule 13 of the Code of Civil Procedure was condoned and judgments and decrees passed in the above referred respective suits were set aside subject to costs of rupees three hundred fifty in each case.

(3.) THE applicants have assailed the impugned judgment and order mainly on the ground that the trial Court failed to consider that on 29-10-1990, the trial Court passed no written statement order and thereafter judgments and decrees were passed in the suits on 28-2-1991. The trial Court failed to consider that the judgments and decrees were passed under Order VIII, Rule 10 of the Code of Civil Procedure and the only remedy, which was available to the non-applicants, was by way of appeal. It is the contention of the applicants that since trial Court did not make an order that the suits shall be heard ex parte as contemplated under Order IX, Rule 6 (1) (a) of the Code of Civil Procedure, the provisions of Order IX, Rule 13 of the Code of Civil Procedure are not attracted and, therefore, same cannot be invoked by the non-applicants and hence, the trial Court ought to have rejected the applications moved by the non-applicants under Order IX, Rule 13 of the Code of Civil Procedure.