SURESH CHANDRA SARKAR Vs. GOSAIDAS PAL

JUDGEMENT

(1.) This revisional application has been filed by the defendant-petitioner Suresh Chandra Sarkar under Section 25 of the Provincial Small Cause Courts Act against the order of the Small Cause Court Judge at Sealdah rejecting his application under Order 9, Rule 13 of the Code of Civil Procedure. The landlord-opposite party opposes the Rules.

(2.) I have heard Mr. Gupta, the learned counsel for the petitioner and Mr. Ghoshal for the opposite party.

(3.) The petitioner who was the defendant in the original suit for arrears of rent filed against him suffered an ex parte decree and thereafter he filed a petition under Order 9, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree and for restoration of the suit for hearing on merit. The defendant's case was that the summons of the suit was not served upon him but getting some information he came to know about the ex parte decree. On hearing upon the application filed by the defendant the learned Judge below did not believe the defendant's case. According to him, a registered post card sent by the court about the filing of the suit was refused by the defendant and he had knowledge about the suit and in spite of such knowledge he did not appear. The learned Judge did not find sufficient cause for disturbing the ex parte decree.