NYAZ AHMAD Vs. SARFRAJ AHMAD

JUDGEMENT

(1.) The petitioner-defendant is aggrieved by order dtd. 13/12/2017 (Annexure P/1) passed by the First Civil Judge, Class-I, Budhar, District Shahdol in C.S. No.12-B of 2017, whereby, the application under Order IX Rule 7 of the Code of Civil Procedure for setting aside the ex-parte order dtd. 27/3/2017 has been rejected.

(2.) This Court while issuing notice to the respondent on 19/2/2018 directed that further proceedings pending before the trial Court shall remain stayed and the said stay is in operation till date. Despite service of notice, none appears for the respondent-plaintiff.

(3.) The learned counsel appearing for the petitioner-defendant submits that the respondent-plaintiff had filed a suit for compensation against the petitioner-defendant and the petitioner-defendant engaged a counsel, who was appearing before the trial Court. When the matter was listed on 27/3/2017 for filing of the written statement, neither the petitioner nor his counsel could appear and, therefore, the trial Court had proceeded ex-parte against the petitioner. The petitioner-defendant submitted an application under Order IX Rule 7 of the Code of Civil Procedure along with the written statement for setting aside the ex-parte order, which was opposed by the respondent-plaintiff. The learned trial Court vide impugned order dtd. 13/12/2017 has rejected the said application. Hence, the petitioner is in the instant writ petition.