JEROME ANTHONY DSILVA Vs. T PANNALA

JUDGEMENT

(1.) By this petition, the petitioner challenges the order dated 22nd January 1998 passed by the IIIrd Additional District Judge, Thane allowing the appeal filed by the respondents. The appeal was filed against the order passed by the Trial Court refusing to set aside an ex-parte decree. The Appellate Court has held on the basis of the evidence on record that sufficient cause has been shown by the respondents for remaining absent on the date on which the suit was decided ex-parte. An order setting aside the ex-parte decree is a discretionary order. Once that discretion is exercised by the Appellate Court on the basis of the evidence on record in my opinion, this Court would not be justified, in its discretionary power to interfere with the same, under Article 227 of the Constitution of India. It is further to be noted here that the Appellate Court has directed that the civil suit be decided within six months after receipt of record and proceedings. In these circumstances, therefore, in my opinion, there is no reason to interfere with the impugned order.

(2.) The petition is therefore rejected.