KRISHNAJI MAHADEO BAPAT Vs. WAMANRAO BALWANTRAO SHINDE

JUDGEMENT

(1.) This revision is against the order of the learned District Judge, Ratnagiri, dated 3rd April, 1976, dismissing Miscellaneous Appeal No. 10 of 1975. That appeal was from the order of the Civil Judge, Junior Division, Khed, in Miscellaneous Application No. 4 of 1974. That application was filed by the defendant, against whom an ex parte decree has been passed on 29th June, 1974, for restoration of the suit for hearing on merits.

(2.) The suit was originally filed in the Court of the Civil Judge, Junior Division, Chiplun. Thereafter by an order of the District Court it was transferred to the Court of the Civil Judge, Junior Division, Khed. One Mr. Chitley, Advocate, had put in the Vakalatnama for the petitioner before me in the Court at Chiplun. The Court at Khed gave a notice of hearing to the said Advocate. On the day namely on 28th June 1974 both the Advocate and the petitioner remained absent. Evidence on behalf of the plaintiff was taken on affidavit. An affidavit of the Mukhtyar was filed. Issues were framed as the written-statement had already been filed and the suit was decided ex parte. On 3rd August 1974 the petitioner claims that he went to Khed to enquire about the further progress of the ease and on coming to know what had transpired about the suit he made an application on the same day for setting aside the said ex parte decree.

(3.) Evidence was taken by the Civil Judge, Junior Division, Khed, who held that he was not satisfied with the explanation given by the petitioner as to his inability to attend the Court on the relevant date. Being aggrieved by the said decision the petitioner preferred an appeal which was dismissed by the learned District Judge.