KHETRABASI SRICHANDAN AND ORS. Vs. GOPINATH SRICHANDAN

JUDGEMENT

(1.) IN this writ petition, challenge has been made to the order dated 4.2.1999 passed by the learned Addl. District Judge, Bhubaneswar in Civil Revision No. 34 of 1995 reversing the order dated 14.8.1995 passed by the learned Civil Judge (Junior Division), Bhubaneswar in MJC No. 29 of 1994.

(2.) THE brief of the case are as follows;

(3.) THE learned Counsel appearing for the opposite parties, on the other hand, submitted that the petition under Order 9, Rule 13 of the Code of Civil Procedure was filed not by any of the Defendants but by the son of Defendant No. 1 who was not a party to the suit. Therefore, the petition was not maintainable as the requirement of Order 9, Rule 13 of the Code of Civil Procedure is that one of the Defendants should file an application to set aside the ex parte order. As the Petitioners failed to establish sufficient cause for their non -appearance, the revisional Court rightly set aside the order passed by the trial Court. He cited decisions reported in : AIR 1980 Ori 162 (F.B.) E.I.D. Parry Limited v. Agro Sales and Services and Ors. etc. and : 95 (2003) CLT 324 (SC) (Basant Singh and Anr. v. Roman Catholic Mission).