BADHORAM MISTRI @ LOHARI Vs. DANDAPANI SAHU

JUDGEMENT

(1.) THIS appeal arises out of an order dismissing an application under Order 41, Rule 21, Code of Civil Procedure.

(2.) TITLE Suit No. 26 of 1972 filed by the Respondent against the Appellant was dismissed ex parte. He filed Title Appeal No. 9 of 1973 which was posted to 21 -7 -1973 for hearing. As the Appellant did not enter appearance, the appeal was allowed ex parte. The Appellant filed (II petition to have the ex parte decree against him set aside on the ground of fraudulent suppression of notice. It was alleged that he came to know about the ex parte decree on 10 -4 -1974.

(3.) AT the enquiry, the Appellant led evidence in support of his contention that he had no knowledge about the institution of the suit and the appeal prior to 10 -4 -1974. The Plaintiff -Respondent declined to adduce any evidence. The learned Subordinate Judge on a consideration of the evidence led by the Appellant came to the finding that the notice under Order 5 Rule 20, Code of Civil Procedure had been duly served and accordingly he dismissed the application for rehearing of the appeal. Aggrieved by the order of dismissal, the Appellant has come up to this Court.