BHAGWAT PRASAD PANDEY Vs. SUNIL KUMAR DUBEY

JUDGEMENT

(1.) Heard on the question of admission.

(2.) By the instant petition, the petitioner is questioning the legality, validity and propriety of the order dated 14.11.2019 (Annexure-P/1) passed by the Court below rejecting the application filed by the defendant/petitioner under Order 9 Rule 7 of the Code of Civil Procedure (for brevity, 'CPC').

(3.) As per the facts of the case, a suit was preferred by the plaintiff/respondent for recovery of an amount of Rs.1,65,000/- and Rs.10,000/- towards damages, totalling to Rs.1,75,000/- (Rs. One Lakh Seventy Five Thousand). As per the learned counsel for the petitioner, ex-parte proceeding initiated against the petitioner/defendant on 25.09.2017 and thereafter, the counsel for the defendant and the defendant himself appeared before the Court on subsequent dates and were not aware of the fact that they had already been proceeded exparte. However, when they came to know about the ex-parte proceeding, then only they filed the application under Order 9 Rule 7 of CPC for setting aside the ex-parte proceeding and the Court below rejected their application without considering the said aspect.