SH DES RAJ Vs. SATISH CHAND

JUDGEMENT

(1.) Both these petitions are being disposed of by a common judgment as common issue is involved in the same. Brief facts necessary for adjudication of these two petitions are that the respondent herein filed a civil suit for declaration i.e. C.S. No.50/2002 titled as Satish Kumar Vs. Des Raj against the present petitioner in the Court of learned Civil Judge (Sr. Division), Nurpur, District Kangra (H.P.). Petitioner had filed cross objections in the said suit. He was proceeded ex-parte by the learned Trial Court on 02.09.2009 and the counter claim was dismissed in default on the said date and thereafter the suit so filed by the present respondent was decreed ex-parte in his favour and against the petitioner on 11.09.2009.

(2.) Petitioner filed an application under Order 9 Rule 7 CPC before the learned Trial Court for setting-aside the order, vide which his counter claim was dismissed due to non appearance on 02.09.2009 i.e. counter claim No.67/2002 and he also filed separate application under order 9 Rule 13 CPC for setting-aside ex-parte judgment and decree dated 11.9.2009 passed in C.S. No.50/2002 by the learned Trial Court.

(3.) Both these applications so filed by the present petitioner were dismissed by the learned Trial Court vide separate orders dated 08.08.2014 by holding that the petitioner had failed to show sufficient cause for his non appearance in the Court on 02.09.2009 and for setting aside ex-pate judgment and decree dated 11.09.2009.