SIBARAM BARAL Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) This revision by the plaintiff arises out of an order selling aside an ex parte decree.

(2.) In 1987 suit for recovery of Rs. 1,46,820.00 was filed. Although the claimants entered appearance, no written statement was filed till 10.11.1989 when on the prayer of defendants, lime till 1.12.1989 was granted for filing written statement subject to payment of costs of Rs. 25.00 to plaintiff. That day however, neither written statement was filed nor cost was paid. At that stage, Government Pleader was changed. Although suit was adjourned for four months, thereafter no step was taken to file written statement. Lastly on affidavit of plaintiff ex parte decree has been passed. Thereafter, an application for setting aside the ex parte decree was filed which has been allowed.

(3.) Case of defendants is that on 1.12.1989 Government Pleader applied for time and the case was adjourned to 21.1.1989 for filing the written statement. It was stated that new Government Pleader assumed office on 21.12.1989. That day Associate Government Pleader filed an application for adjournment which was rejected due to non-payment of the costs earlier awarded. New Government Pleader who assumed office on 21.12.1989, could not take steps since the previous Government Pleader Sri P.K. Misra, in spile of letter of the Collector, did not make over full charge of the cases and other payers. In the background on 27.3.1990 the petition of plaintiff for ex parte hearing, he was called upon to file an affidavit on the basis of which ex parte decree was passed on 6.4.1990. On 2.3.1990 Senior Clerk of the office of the defendant No. 2 came to ascertain the position of the suit when it was found that para wise report sent to the Government Pleader for draft of written statement is not in the file. On 27.3.1990 another copy of the para-wise report was handed over to the Government Pleader on the basis of which written statement was sent for signature to defendants and was received by the Government Pleader on 6.4.1990. On which day ex parte decree had already been passed.