RAJKUMAR VERMA Vs. MAYA DEVI

JUDGEMENT

(1.) This appeal has been filed under Order 43 Rule 1 (d) of the Civil Procedure Code against the order passed by the Fourth Additional District Judge, Rewa (MP) in Misc. Case No. 15/07, on 11.7.2011, whereby application filed under Order 9 Rule 13 CPC on behalf of the appellant has been dismissed.

(2.) Learned counsel for the appellant has submitted that the learned lower court is not justified in rejecting the application on the ground of negligence on the part of the appellant.

(3.) On perusal of the impugned order it is clear that the learned Tribunal in claim case no. 96/2000 has preceded ex-parte against the nonapplicant no. 1 at the stage of evidence when the appellant failed to appear and produce witnesses on 19.9.2000 and when his counsel pleaded no instructions on 14.10.2000.