SUSHILA DEVI Vs. RANDHIR SINGH

JUDGEMENT

(1.) This revisional application is directed against the order dated 06.10.2018 passed by the learned Additional District Judge, Narnaul in Civil Appeal No. 18 of 2018 vide which, the said appeal which had been preferred against the earlier order dated 18.07.2018 passed by the Civil Judge (Junior Division) Mahendergarh, had been upheld.

(2.) Background of the matter is that the petitioner was the defendant in the original Civil Suit No. 205 dated 25.08.2014 and had been obtaining time repeatedly for the purpose of filing her written statement. A last opportunity was granted to her subject to deposit of cost of Rs. 500.00 for filing written statement on 09.04.2015 but the petitioner still did not file the written statement. Ultimately her application for further time was rejected on 09.02017 as she had not even paid the cost till that date and the learned trial Court posted the matter for ex parte evidence. Ten months later the petitioner filed an application to set aside the said ex parte order which was dismissed by the trial Court as being time barred.

(3.) The petitioner thereafter, preferred her appeal which was dismissed vide the impugned order with the observation that the same was not maintainable, since the earlier order rejecting her application to set aside the ex parte order was not under Order 9, Rule 13 of the Code of Civil Procedure (for short 'Code'), but actually under Order 9, Rule 7 of the Code, since the prayer for setting aside the ex parte had been made during pendency of the suit, and not after its disposal.