MUNICIPAL COUNCIL REWARI Vs. BIMLA DEVI AND ORS

JUDGEMENT

(1.) Petitioner has assailed the order dtd. 20/2/2018 passed by Civil Judge (Junior Division), Rewari vide which application for setting aside the ex parte order dtd. 2/1/2017 was dismissed.

(2.) Perusal of the record would show that on 23/12/2016, the suit was received by assignment. After perusal of the office report, it was ordered to be checked and registered. Notice of the suit as well as stay application was issued to the defendant for 2/1/2017. On the next date itself, the defendant/petitioner was proceeded against ex parte.

(3.) In view of Order 9 Rules 6 and 7 CPC, defendant can appear in the suit on the next date of hearing on showing good cause of his previous non-appearance. On showing such cause, the Court can direct him to appear in the case subject to costs or otherwise. He can be heard to answer the suit. Perusal of Articles 122 and 123 of the Limitation Act would show that the controversy of such nature is not covered under the rigour of those provisions. The case falls under the ambit of Article 137 of the Limitation Act and the limitation for filing such an application would be governed by that provision. It is so recorded on the strength of decision dtd. 11/7/2018 passed in CR No.4223 of 2018 titled M/s Sant Security Servicers (Regd.) through its Manager and another Vs. Gurdev Singh.