AJIT SINGH Vs. ANIL KUMAR MISHRA

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the judgment dated 29.1.2005 passed by the learned Addl. District Judge, Jharsuguda in RFA No.7 of 2003, vide Annexure-2, the petitioner has filed the present petition. By the said order, the learned Addl. District Judge dismissed the appeal and confirmed the ex parte judgment dated 4.3.2003 passed by the learned Civil Judge (Junior Division), Jharsuguda in Money Suit No.2 of 2002 holding, inter alia, that the same is not maintainable.

(2.) Opposite party as plaintiff filed a suit for realisation of arrear dues along with pendente lite and future interest at the rate of 12% per annum from the defendant in the court of learned Civil Judge (Junior Division), Jharsuguda, which was registered as Money Suit No.2 of 2002. The suit was decreed ex parte on 4.3.2003. Against the said judgment and decree, the petitioner-defendant filed an appeal before the learned Addl. District Judge, Jharsuguda, which was registered as RFA No.7 of 2003. By judgment dated 29.1.2005, the learned Addl. District Judge dismissed the appeal holding, inter alia, that the appellant-petitioner should have first approached the learned lower court under Order IX Rule 13 Civil Procedure Code (hereinafter referred to as "the CPC") and, therefore, the appeal is not maintainable.

(3.) Heard Mr. Manoranjan Dash, learned counsel for the petitioner and Mr. Saroj Kumar Dash, learned counsel for the opposite party.