SMT. SUMAN Vs. SMT. SUNITA

JUDGEMENT

(1.) Challenge in this petition is to the order dated 06.09.2017 (Annexure P-13) passed by the Civil Judge (Senior Division), Rewari, whereby application filed by defendant-respondent for setting aside the ex parte order dated 06.04.2016 (Annexure P-9), has been allowed.

(2.) A perusal of the impugned order shows that the application for setting aside the ex parte proceedings was filed on 30.05.2016 i.e. after a gap of almost one month and 24 days. After going through the impugned order, this Court is of the view that the trial Court has rightly allowed the application keeping in view the judgment passed by this Court in Ghanshyam Dass v. Kamal Kishore and another, 2011 (3) RCR (Civil) 846 (P&H), wherein it has been held that rules for setting aside the ex parte proceedings and ex parte decree are separate and the Court has to be satisfied that there was good cause for failure to appear before it. No rule has been prescribed regarding condonation of delay in filing an application for setting aside the ex parte proceedings.

(3.) No ground is made out to interfere in the impugned order.