SHABIR AHMAD NAJAR Vs. MST. ZOONI & ANR.

JUDGEMENT

(1.) The petitioner through medium of instant Civil Revision calls in question Order of Learned 1st Additional District Judge Pulwama dated 20th March 2010, whereby Learned Judge has declined to condone less than two weeks delay in filing First Civil Appeal against the ex parte judgment and decree, passed by Learned Munsiff, Pulwama in Eviction Suit titled Mst. Zooni and anothers v. Shabir Ahmad Najar (Suit No.53-numbri)

(2.) In order to understand controversy involved, the relevant facts need to be noticed first.

(3.) The respondent commenced Eviction Suit against the petitioner in the court of Munsiff, Pampore on 1st of August 2002. The suit was later transferred to the court of Munsiff Pulwama. The respondent asked for an ejectment decree in respect of a shop existing on plot of land bearing survey No. 589 Min, situated at National Highway Kadlabal, Pampore, against the petitioner on the grounds set out in the suit. The respondent also asked for a direction to the petitioner to deposit an amount of Rs. 7,000/- on account of arrears of rent, against the petitioner. The petitioner, after contesting the suit for a few years, absented himself from the proceedings on 29th of May 2008. On 5th of May 2008, the earlier date of hearing, both the parties were absent. The Trial Court on 29th of May 2008 did not set the petitioner ex parte but proceeded to close his evidence. The petitioner did not appear thereafter before the Trial Court. The Trial Court on 17th of July 2008 heard arguments in ex parte and on 9th of August 2008 rendered the final judgment, operative portion whereof reads as under:-