GOUTAM CHARAN NAYAK Vs. ORISSA FISH SEED DEVELOPMENT

JUDGEMENT

(1.) THE defendant has filed this revision.

(2.) PLAINTIFF -opp. party had filed Money Suit No. 149/87 before the Civil Judge (Senior Division), Bhubaneswar. In the said suit, written statement had been filed by the present petitioner. Subsequently, the case was posted to 16.1.1990 for hearing. On the said date, the defendant - petitioner was absent and the case was adjourned to 7.5.1990 for ex parte hearing. Thereafter, the case was being adjourned from time to time and ultimately the case was heard ex parte on 23.8.1994 and judgment was passed on 27.8.1994 decreeing the suit ex parte. Thereafter, the present petitioner filed petition under Order 9, Rule 1 3, CPC, for setting aside the ex parte decree on the ground that due to illness from 1 5.8.1994 to 30.8.1994, the petitioner could not attend the Court on 23.8.1994. The said application of the petitioner has been rejected by the trial Court and confirmed by the lower appellate Court solely on the ground that the petitioner had not shown any cause for his absence on earlier dates between 16.1.1990 to 15.8.1994.

(3.) IN the present case, the Courts below have believed the case of the petitioner regarding his illness from 15.8.1994 to 30.8.1994, but have rejected his application on the ground that the reasons for earlier absence had not been explained. In view of the position of law, already noticed, such decision of the Courts below cannot be accepted. In view of the above, the ex parte decree is set aside subject to payment of Rs. 1,000/ - (rupees one thousand) as cost which shall be paid by 17th January, 2000 to the present opp. party or his counsel. The trial Court should dispose of the suit along with the connected case as expeditiously as possible preferably by 13th May, 2000.