SATPAL MAINI Vs. RAM ASARA (MISTRY) AND OTHERS

JUDGEMENT

(1.) In this revision an order declining the setting aside of the ex-pare decree is under challenge, Ex. parte proceedings were ordered to be taken on June 24, 1986; and the application for setting aside that order was filed on July 20, 1986; within one month and also prior to the date fixed. It has been repeatedly held that a party is not to be denied hearing on merits even if there may be some negligence on his part to appear on any particular date. The sufficient cause in these cases is not to be strictly construed and unless there is contumacious default, the order to take ex-parte proceedings normally should be set aside. For any negligence of the party concerned, he can be burdened with costs. In declining the application the authority below, thus, acted illegally in the exercise of its jurisdiction. This revision is, therefore, allowed and the ex-parte proceedings are set aside on payment of Rs. 50/- as costs. The petitioner is directed through his counsel to appear before the authority below on April 20, 1987.