MADAN PAWAIYA Vs. TRUST MANDIR

JUDGEMENT

(1.) Aggrieved by the order passed by the 14th Civil Judge Senior Division Gwalior in Civil Suit No.10A/2016 RCS on 9/11/2022 by which trial Court had proceeded against the petitioner, who is defendant in the civil suit, under Order 17 Rule 2 CPC. On the same day at 3.30 pm an application under Sec. 151 CPC has been filed by the petitioner's Advocate which was also dismissed. Thereafter, on 15/11/2022 he has filed an application under Order 9 Rule 7 CPC for setting aside the order passed on 9/11/22 which is listed for hearing today. On going through the order sheet filed by the petitioner, it seems that first time case was fixed for petitioner/defendant's evidence on 9/11/2022 and on the same day aforesaid order was passed.

(2.) Looking to the facts and circumstances of the case, first time case was fixed for petitioner/defendant's evidence on 9/11/2022 and in the first hour nor he neither his Advocate appeared before the Court, thereafter, he filed an application under Order 151 CPC, thereafter doing proceeding under Order 17 Rule 2 CPC, defendants right to lead evidence was closed, this petition is disposed of with a direction to the trial court that he will consider his application under Order 9 Rule 7 CPC sympathetically.

(3.) I f his witness remain present on the date fixed then trial Court will consider his application in the light of judgment passed in the case of Kailash Narain vs. Anandi Bai, C. Revn. No.344 of 1979 (G) decided on 5/5/1979.