SHARDA KOTHARI Vs. GYANMAL KOTHARI

JUDGEMENT

(1.) THIS Appeal is directed against the Order dated 23. 6. 1994, by the learned IXth Additional Judge to the Court of District Judge, Indore in MJC No. 2/91, thereby the learned Judge was pleased to reject the application under Order 9, Rule 13.

(2.) FACTS giving rise to this appeal are that a suit was filed by the appellant, of which returnable date was fixed as 14. 10. 1989. The matter could not be taken on that date as the learned Presiding Officer was on leave. The next date fixed also was such on which date the learned Presiding Officer was still on leave. There was no certification of the service of notice by the Court and a decree came to be passed after taking evidence of the respondent ex-parte.

(3.) IT is submitted by Mr. Gangarade that the approach of the learned Judge is not at all judicious and proper. In such circumstances of the case, he also argued that more particularly in a matrimonial matter, where it is expected of the Court to try to settle the matter between the parties, the Court here has taken a somer sault and slip-shod approach by giving a decree, that too ex-parte.