RAM MILAN CHAKRAWARTY Vs. RAJKUMAR AGRAWAL

JUDGEMENT

(1.) HEARD.

(2.) ORDER dated 10.4.2012 passed by VIII Additional District Judge, Jabalpur in Civil Suit No. 65 A of 2009 is being assailed vide this petition under Article 227 of the Constitution of India. By impugned order the Trial Court has declined to set aside the order proceeding ex parte against the petitioner. Though not mentioned anywhere in the petition nor in the application filed under ORDER 9 Rule 7 neither the Trial Court has mentioned in its order dated 10.4.2012 as to the date on which the petitioner was proceeded ex parte; however, it was during the course of hearing the counsel for the petitioner revealed that it was in the year 2009. Thus, an order proceeding ex parte in the year 2009 was questioned in the year 2012 when the matter had reached the stage of final hearing.

(3.) IN view whereof petition fails and is hereby dismissed.