NIRMALA MISHRA Vs. RAM JANKI JEE DEITIES

JUDGEMENT

(1.) AFTER having heard learned counsel appearing for the parties and considering the facts and circumstances, the impugned order is quite unreasonable and perverse requiring interference of this Court by invocation of the provision of Section 115 of the Code of Civil Procedure, 1908 (C.P.C.).

(2.) A Suit being Title Suit No, 230 of 2002 was filed by the respondents -original plaintiffs. Summons of the Suit was served but the original defendant nos. 1, 2 and 3, petitioners herein, could not appear to contest. The contention of the petitioners has been that summons was sent at a wrong address. Apart from any reason, in an ongoing civil litigation when the defendant party comes and prays for allowing him to present a Written Statement, ordinarily, in the larger interest of justice the permission can be granted as the presence of a party would help to adjudicate the dispute effectually and efficiently. Obviously, once an ex parte order has been passed, ordinarily, the party seeking help and file a Written Statement has also to pray for setting aside an ex parte order against him. However, merely by inadvertence or phrasedogy in the application it cannot be interpreted that while submitting such an application for presentation of the Written Statement an ex parte order cannot be set aside. The procedural law cannot over ride substantial rights of the party unless the relief sought is contrary to law.

(3.) THIS Revision is allowed at the stage of admission itself upon merits upon consensus.