MAKARAND KRISHNAJI JOSHI Vs. SADASHIV VITHAL JOSHI

JUDGEMENT

(1.) THE petitioner filed a Civil Suit in the Court of the Civil Judge, Senior Division, Sangli on 2nd November, 1981 for recovery from the respondent of a sum of Rs. 17. 516 49 P. together with interest. The petitioner made an application being Miscellaneous Application No. 179 of 1981 for being permitted to file the suit in forma pauperis. It seems that this application took a very long time for disposal. The application was fixed for hearing on 5-9-1985. On that day the petitioner was absent. It is his case that he had applied for an adjournment on the ground that he was required to be elsewhere for his business, but he learnt on that day that one of his relatives was seriously ill and was admitted to the hospital. Hence he was required to attend on him at the hospital.

(2.) IN his absence the learned Civil Judge, Junior Division, Sangli dismissed his application for default.

(3.) THE petitioner applied for setting aside the order of dismissal for default, under Order IX, Rule 13 of the Code of Civil Procedure. This application, however, was dismissed. Thereafter the petitioner preferred an appeal from this order of dismissal for default being Misc. Civil Appeal No. 180 of 1987 before the Additional District Judge at Sangli. The District Judge by his order dated 28-11-1988 has dismissed the appeal with costs and his confirmed the order of dismissal passed by the trial Judge. In the present writ petition the petitioner has challenged these orders.