UTPALA DEB Vs. SITA DEVI LOHIA

JUDGEMENT

(1.) This is an application for setting aside ex parte judgment passed on 16th March, 2009 in C.S. No.145 of 1991 partly on contest and partly ex parte after condonation of delay.

(2.) The petitioners/ defendants Nos. 1(a) and 1(c) have claimed that the defendant No. 1(b) Narayan Prosad Lohia was all along looking after the aforesaid proceedings and was dealing with the disputed property including matters relating to payment of rent and municipal taxes. He was entrusted with the sole responsibility of determining the entire suit proceedings including all interlocutory applications. He was discharging his responsibility on behalf of defendant No. 1(a) and 1(c). The said defendants never involved themselves personally in the pursuit of the said proceedings since said Narayan Prosad Lohia was son of defendant No. 1(a) and brother of defendant No. 1(c). Accordingly they used to hand over all documents and letters received from their advocates or from this Hon'ble Court from time to time in connection with this said proceeding and the same were handed over to said Narayan Prosad Lohia, defendant No. 1(b). The petitioner/defendant No.1(a) is an old lady aged about 84 years and the petitioner 1(c) was all along looking after his mother.

(3.) On or about 11th April, 2009 the petitioners received a letter dated 7.4.09 from their advocate addressed to all the defendants and then came to know to their utter surprise that the said suit has been decreed ex parte. When they informed the matter to defendant No. 1(b) Narayan Prosad Lohia he feigned ignorance and thus they came to know that on the date of hearing the defendant No.1(b) did not take any step for which the suit was decreed ex parte. Defendant No. 1(b) also declined to hand over all relevant papers required for drafting the application for setting aside the ex parte decree. Then they engaged another advocate and ascertained that the suit was decreed ex parte on 16th March, 2009.