RAM UDAI SINGH Vs. HARERAM SINGH

JUDGEMENT

(1.) Money Suit No. 21 of 1991 was filed against the defendant -appellant herein for realisation of a sum of Rs. 1,48,225/ - with interest, pendentelite and future till realisation, which was decreed without contest on 25.2,1993.

(2.) Miscellaneous Case No. 4 of 1993, under Order IX, Rule 13 of the Code of Civil Procedure was filed by the defendant to set aside the said ex -parte decree, which has been dismissed by the impugned order dated 5.8.1994.

(3.) It is not in dispute that although the defendant appeared in the suit on 18.8.1992, but inspite of several adjournments, no written statement was field till 27.1.1993, when obviously the suit was fixed for hearing. On 9.2.1993, under Order VII, Rule 10 of the Code of Civil Procedure. Thereafter, the suit was transferred from the Court of First Subordinate Judge to Fourth Subordinate Judge. On the defendant's prayer made on 9.2.1993 before the transferee Court, date of hearing of the suit was extended to 18.2.1993. However, on 18,2.1993, the defendant neither appeared nor filed any written statement nor cross -examined P.W. 1, who was examined on the said date. The Court fixed 20.2.1993 for further exparte hearing. On 20.2.1993. a petition on behalf of the defendant was filed for adjournment on the ground of his illness, which has rejected and hearing of the suit proceeded further. Thereafter the defendant never appeared and the suit was ultimately decreed ex -parte.