BANKIM CHANDRA DEY Vs. PULIN BIHARI DEY

JUDGEMENT

(1.) The judgment dated 29.01.2013 passed in F.A.O. No. 135 of 2011 of the court of learned District Judge, Balasore is in question in this writ petition. By virtue of such judgment, the learned District Judge upheld the order passed by the learned Civil Judge (Senior Division), Balasore in C.M.A. No.141 of 2010 rejecting the application filed by the present petitioner under Order 9 Rule 13 of the Code of Civil Procedure, 1908, hereinafter referred as the "Code" for brevity, for setting aside the ex parte decree passed against him in Title Suit No. 152 of 1990.

(2.) The facts leading to filing of the appeal may be stated as follows:

(3.) The learned Civil Judge, on analysis of the facts and taking note of the evidence adduced, came to the conclusion that the plea taken by the petitioner is not correct. Further, he held that the petitioner has failed to show that he was prevented by sufficient cause for appearing and participating in the proceeding. Holding thus, the petition for setting aside the ex parte order was dismissed. Such order was assailed by the petitioner in F.A.O. No.135 of 2011, which was disposed of by the learned District Judge, Balasore as per the judgment dated 29.12.2013. Learned District Judge upheld the findings recorded by the learned Civil Judge (Senior Division). Such order and judgment are assailed in this writ petition.