RAM PAL Vs. JAGRUP SINGH

JUDGEMENT

(1.) FOR non-appearance of the petitioners on August 29, 1986 ex parte proceedings were ordered against them and statement of one witness of the plaintiffs was recorded. They moved an application on October 4, 1986 for setting aside ex parte proceedings. The reason stated for non-appearance was that Labhu Ram's daughter and grandson fell ill on that day and had to be taken to the hospital. The trial Court, holding that there was no justifiable cause, dismissed the application. Hence this revision.

(2.) IT has been now repeatedly held that a fair trial should not be denied to a party even if it is found that his failure to appear on some date was because of negligence on his part. The Supreme Court has also ruled that the words "sufficient cause" have to be very liberally construed and for any negligence, the other party can be well compensated with costs. The trial Court, therefore, illegally refused to exercise the jurisdiction vested in it in declining the prayer for setting aside ex parte proceedings. So this petition is allowed and the ex parte proceedings are set aside on payment of Rs. 100/- as costs. The parties through their counsel have been directed to appear in the trial Court on April 2, 1987.