GH. MOHAMMAD BEIGH Vs. MST GASHI

JUDGEMENT

(1.) SUIT titled Mst. Gasi and ors Vs. Ghulam Mohammad Beigh and ors. is pending on the file of learned 3rd Additional Munsiff, Srinagar. Petitioners (hereinafter referred to as the defendants) have remained absent during the course of the suit proceedings so have been proceeded in ex-parte vide order dated 05.02.2011. Application filed for setting aside ex-parte proceedings has been dismissed. Aggrieved thereof, petitioners had filed appeal which has been decided by learned 2nd Additional District Judge, Srinagar vide order dated 08.06.2012 (wrongly shown to have been announced on 8.8.2012) by holding that appeal against said order is not maintainable.

(2.) THE order is not also revisable in view of amended Section 115 of the Code of Civil Procedure that is why the petitioner has chosen to file this writ petition so as to invoke powers under Section 104 of the State Constitution read with Article 227 of the Constitution of India.

(3.) CAUSE for non-appearance on the appointed dates of hearing must be cogent but same is to be liberally construed so as to advance cause of justice. Pedantic approach in construing the expression "sufficient cause" shall not be in-keeping with the interests of justice. Supervisory power has to be exercised so as to advance cause of justice and also to see that the Courts function within their limits.