UMA DEVI Vs. FAQUIR CHAND

JUDGEMENT

(1.) THIS Revision Petition is directed against the order of the District Judge, Mandi whereby he has accepted the appeal filed by the respondent herein and has set-aside the ex-parte judgment and decree passed against Faquir Chand.

(2.) BRIEF facts, necessary for disposal of the petition are that Civil Suit No.87 of 89 was instituted on 31.5.1989 by Smt.Uma Devi, plaintiff against Faquir Chand and 18 other persons. In this suit Faquir Chand was proceeded against ex-parte and other than defendant No.2 Kashmir Singh no other person contested the suit and the same was decreed ex-parte.

(3.) THE application for setting aside ex-parte proceedings was filed on 2.8.1996. This application was contested by Uma Devi on various grounds. Evidence was recorded and the learned trial Court dismissed the application holding that there were no grounds to condone the delay of five years in moving the application and that even otherwise there was no sufficient cause shown for setting aside the ex-parte proceedings. Faquir Chand thereafter filed an appeal against this order in the Court of District Judge, Mandi who allowed the appeal by holding that the applicant Faquir Chand had engaged counsel and had done everything in his power to effectively contest the suit. According to the learned lower Appellate Court it was the counsel who was at fault since he had not even filed the form regarding address of service as required under Order 6 Rule 14 CPC. It held that if counsel was permitted to withdraw, notice should have been given to Faquir Chand. This order is under challenge in the present petition.