JAGAT RAM Vs. RAVI KANT

JUDGEMENT

(1.) A short but interesting question of law arises in this case.

(2.) The petitioners were defendants in a civil suit filed by the respondent Ravi Kant, pending in the Court of the Civil Judge (Junior Division), Court No. III, Hamirpur. The petitioners were proceeded against ex-parte on 12.08.2009. The case was, thereafter, adjourned for ex-parte evidence for 29.10.2009, when no evidence was present. The case was then adjourned for 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes.-: 2 :- 18.01.2010 on which date two PWs were examined and arguments in the case were heard, thereafter, on 09.02.2010. Then, the case was fixed for pronouncement of judgment on 04.03.2010.

(3.) In the meanwhile, the present petitioners filed an application under Order 9 Rule 7 of the C.P.C. for setting aside the ex-parte proceedings. In this application, it was averred that the petitioners were not aware of the pendency of the suit and were wrongly proceeded against ex-parte. According to them, they were never served in the suit and came to know about the proceedings only when defendant No. 1 received summons in contempt proceedings, when he happened to visit his village.