Y YADAIAH Vs. B BALAPERSHAD

JUDGEMENT

(1.) This is a revision filed by the defendant against the order of the Additional Chief judge, City Civil Court, dated 8th Feb. 1977 in c. M. A. No. 23 of 1976 allowing the appeal filed by the plaintiff and setting aside the order of the First Assistant Judge who dismissed I. A. No. 88 of 1975 on 17th Sept. 1975 which was filed by the plaintiff for setting aside the ex parte order dated 16th Jan., 1975.

(2.) The learned counsel for the petitioner defendant contended that the petition filed by the respondent under O. 9M R. 7 C. P. C. is not maintainable. It was further contended that the affidavit of the respondent-plaintiff was not filed in support of the petition under O. 9, R, 7 C. P. C. The respondent has no case on merits and it serves no useful purpose even if the case is sent back to be adjudicated on merits.

(3.) Taking the first point it can be observed that the respondent filed the petition under O. 9, R. 7, C. P. C., but no objection seems to have been taken before the trial Court as regards the maintainability of the petition. in fact, it is admitted that the trial Court has dealt with the petition on merits and held that there was no sufficient cause for non-appearance of the petitioner and his Advocate on 16-1-1975. Accordingly, the trial Court dismissed the petition.