RISHI PAL Vs. SUNITA AND OTHERS

JUDGEMENT

(1.) Allowed. For the reasons recorded in the application, delay of 73 days in re-filing the instant petition is condoned.

(2.) Brief facts of the case are that respondents-plaintiffs filed a suit for permanent injunction against the petitioner-defendants. The said suit was fixed for plaintiffs' evidence for 11.08.1999, but neither the petitioner, nor his counsel appeared on the date fixed and ultimately, the petitioner alongwith others was proceeded ex parte. Thereafter, vide order dated 20.08.1999, ex parte decree was passed.

(3.) It is the case of the petitioner that the next date of hearing was wrongly given as 11.09.1999 instead of 11.08.1999 and for that reason, the petitioner as well as his counsel could not appear in Court. It is further averred that when the petitioner appeared on 28.08.1999 in Court in some other case, he came to know that the ex parte decree has been passed in the earlier suit on 20.08.1999.