AMAR CHAND Vs. FIRM DASONDHI MAL KULJAS RAI

JUDGEMENT

(1.) This first appeal is directed against the decision of the Subordinate Judge 1st Class, Kulu, wherein an application for restoration under Order 9, Rule 13 of the Code of Civil Procedure has been dismissed. The appellant was defendant in a suit filed by M/s. Firm Dasondhi Mal Kuljas Rai for specific performance of a contract of sale of timber and in the alternative for recovery of damages in lieu thereof. The material dales during the course of hearing 'commenced from 209- 71 when after the plaintiffs' evidence was over the defendant was asked to produce his evidence on 7-10-1971.

(2.) On 7-10-1971 the defendant asked for adjournment and 26-10-1971 was fixed. On 26-10-1971 again the defendant asked for adjournment and 24-111971 was fixed. On 24-11-1971 the defendant again asked for adjournment and the Court ordered him to pay Rs. 16 as costs and further ordered:

(3.) After the arguments were heard a judgment was pronounced on 19-1-1972. The evidence was considered on merit on each issue and the suit was decreed for Rs. 10,610-81 Paise. However, the learned trial Judge noted that in view of his findings on several issues and for the reasons recorded he passed an ex parte decree in favour of the plaintiffs and against the defendant with costs. Thereafter the defendant filed an application under Order 9, Rule 13 of the Code of Civil Procedure and pointed out that he was ill and that was sufficient cause for his absence on 8-12-1971 and, therefore, the decree should be set aside and the suit restored for further evidence. The cause shown by the defendant was not considered sufficient and the learned trial Judge dismissed the application for restoration on 5-1-1973. The present appeal is filed against that order.