BASANT SINGHANIA Vs. DILIP SINGHANIA

JUDGEMENT

(1.) This Civil Revision petition is directed against the Annexure-V order dated 22.07.2008 passed by the learned Assistant District Judge, Shillong, in Misc case No. 18(H) 2008 arising out of Title Suit No. 22 (SH) 2005, by which the application filed by the defendant in the suit who is the respondent in this Revision petition under Order 9 Rule 13 CPC to set aside the order for exparte hearing of the Suit was allowed. The said order was carried on Review by the plaintiff petitioner but the said Review application has also been dismissed by order dated 03.09.2009 (Annexure-IX). Hence, this Revision petition. Another challenge made is against order dated 22.07.2008 passed in the Title Suit allowing the defendant respondent to file written statement after expiry of the stipulated period for doing so. For ready reference the impugned orders/their operative parts are quoted below:-

(2.) The aforementioned suit was filed by the present petitioner as the plaintiff for declaration and permanent injunction against the defendant/respondent. On receipt of notice, although the defendant entered appearance in the Suit and filed an application under Section 10 CPC but later on abandoned the proceeding and no longer appeared. Consequently, the learned trial Court vide its order dated 31.03.2006 ordered for ex-parte hearing of the Suit. For ready reference the said order dated 31.03.2006 is quoted below: -

(3.) After the aforesaid order providing ex-parte hearing/proceeding against the defendant, the defendant filed an application for setting aside the said order. The application was filed under Order 9 Rule 13 CPC after a delay of 759 days. The application was accompanied by an application for condonation of delay in filing the said application under Order 9 Rule 13 CPC. While the delay condonation petition was registered and numbered as Misc. Case No. 17 (H) 2008 the application under Order 9 Rule 13 CPC was registered and numbered as Misc Case No. 18 of 2008.