SILDA PASSAH Vs. NOTHY PASSAH

JUDGEMENT

(1.) The privilege of indulgences shown by the learned trial court has not been availed of by the petitioner in the matter of taking proper steps in the suit being Title Suit No. 51(T) of 1979 resulting in passing the ex- parte hearing of the suit dated 6.7.1998 which culminated in filing an application under Section 151 of the Code of Civil Procedure on 6.8.98 seeking the following prayer: This court may be pleased to set aside the order dated 6.7.98 and orders prior thereto fixing the case for ex-parte hearing and allow the petitioner/plaintiff to examine her witnesses and cross examine defendant's witnesses and present her case, as otherwise the humble petitioner will be highly prejudiced and for end of justice and for this act of kindness, shall ever pray."

(2.) The learned trial court took up the matter on 6.8.1998 and passed the following order which is quoted hereunder :

(3.) Thereafter once again the plaintiff filed a petition on 12.5.99 for adjournment of the case and accordingly case record was placed before the learned court wherein the learned trial court passed the following order which is quoted hereunder :