TONGBRAM CHANDRAKALA DEVI Vs. LUXMI DEVELOPMENT INSTITUTE

JUDGEMENT

(1.) HEARD Mr.Kenajit Singh, learned counsel for the petitioner and Mr.N. Jotendro, learned counsel for the respondents.

(2.) THIS revision petition is filed by the defendant under Section 115 of the CPC against the order dated 21.5.2009 passed by the Civil Judge Sr. Division No. II, Manipur East in Judl. Misc. Case No.18 of 2009 which arises out of Original (Money) Suit No.12 of 2007. Facts of the case are these: -

(3.) THE petitioner on coming to know of the ex parte decree having been passed against her filed an application under Order 37 Rule 4 of the CPC read with section 5 of the Limitation Act and prayed for its setting aside. In the said application, she prayed that delay in filing the application being bonafide, the same be condoned. It was contended that application does make out a special circumstances for setting aside of the exparte decree under of Rule 4 of Order 37 ibid and hence, it be set aside by giving the petitioner an opportunity to contest original money the suit on merits.