AMA LONE Vs. MUGLI

JUDGEMENT

(1.) The petitioner is defendant in Suit titled Mst. Mugli v. Ama Lone (File No. 146-Numbri), awaiting disposal in the Court of learned Sub-Judge Pulwama.

(2.) It appears that after the petitioner/defendant failed to appear in the Trial Court to get his statement under Order 10, CPC recorded and no cause was shown muchless a sufficient one to justify absence of petitioner/defendant, learned Trial Judge vide order dated 26-12-2009, impugned herein, directed the written statement filed by the petitioner/defendant to be taken off the record.

(3.) The petitioner/defendant is aggrieved of the order of trial Court dated 26-12-2009, impugned in the Revision Petition, on the grounds that the petitioner/defendant was prevented from appearing in the Court due to ailment and that the said cause was duly brought to the notice of the trial Court. The petitioner/defendant claims to have made his stand very clear in his written statement, filed in opposition to the case set up by the respondent/plaintiff and his failure to appear in the trial Court, was not to have any impact on the outcome of the suit. Learned trial Judge, while making order, is said to have not followed the mandate of law under Order 10, Rule 4(1) of Code of Civil Procedure. It is insisted that Order 10, Rule 4(2) CPC, was to be pressed into service only after the requirements of Order 10, Rule 4(1) CPC were fulfilled and a party to Civil Suit - Petitioner in the present case failed to appear in person on the appointed date without any lawful excuse.