HARI SHANKAR OJHA Vs. SHANKAR LAL DAGA

JUDGEMENT

(1.) The important point involved in this civil revision application filed under Section 115 (1) of the Civil P. C. is whether the application filed by the petitioner for setting aside the ex parte decree is in time, both the Courts below having found that the application is barred by limitation.

(2.) The petitioner was a defendant in a suit for eviction, the claim being based on default in payment of the rent and personal necessity. Petitioner, the sole defendant appeared in this suit on 4-11-1976, obviously on service of summons. On 25-11-1976, another date was Fixed in the suit, he filed a petition for time to file written statement. This prayer was rejected and the suit was adjourned to 23-12-1976 for ex parte hearing. In between 23-12-1976 and 7-4-1977, certain orders were passed, details whereof are not necessary for disposal of this civil revision on the limited question of limitation. It would suffice to say that on 7-4-1977 the trial Court decreed the suit ex parte.

(3.) It appears that the petitioner filed an application for setting aside the ex parte decree on 21-9-1977 alleging that he was ill from 30-3-1977 to 15-9-1977 and as such he had sufficient cause for not being present in Court on 7-4-1977. Undisputedly, he did not state therein as to the date when he came to know about the ex parte decree nor did he file any application for condonation of delay in filing the application.