SANT KUMAR Vs. SMT. SAWAN DEVI AND ORS.

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Code of Civil Procedure is directed against an order of the learned Subordinate Judge, Kangra, striking off the defence of the Petitioner in a suit.

(2.) In a suit for money the Petitioner filed a written statement disputing his liability to pay. The learned Subordinate Judge directed the presence of the parties. The Defendant was not present and on March 5, 1975, the case was adjourned subject to payment of costs. On March 26, 1975, the learned Subordinate Judge made an order noting that the costs had not been paid and that the Defendant had not appeared as directed. Consequently he struck off the defence, purporting to act under Order 10 Rule 4 of the Code of Civil Procedure. That order is assailed by this revision petition.

(3.) At the outset, learned Counsel for the Respondents raises two preliminary objections. He urges that an appeal lies under Order 43 Rule 1(e) of the Code and therefore the revision petition is not maintainable. He also contends that no revision petition lies because the order does not amount to a 'case decided' within the meaning of Sec. 115 of the Code.