ABDULLA BHAT Vs. SHABAN SHEIKH

JUDGEMENT

(1.) THIS application in revision is directed against the order in appeal passed by the learned District Judge Baramulla, dated September 4th, 1972.

(2.) THE short facts which have given to this present application briefly stated are as follows:

(3.) THE plaintiff respondent filed a suit for recovery of Rs. 2000/ - from the defendant -petitioner in the court of Sub Judge, Baramulla on 3.9.1966 and the suit was numbered as 166. Under the order of the Court summon was issued for the appearance of the defendant -petitioner in the suit on 20.9.1966. There was no appearance on behalf of the petitioner and the court thought that the service was complete and as the defendant petitioner had no appeared, so orders for exparte proceedings were made. The suit was ultimately decreed on 26.12.1966 on the basis of the exparte evidence adduced before the learned Sub Judge. The defendant petitioner filed .an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the exparte decree on 27.4. 1967 and also for condonation of delay in filing the application. The aforesaid application under Order 9 Rule 13 CPC was rejected by the learned Sub Judge Baramulla by his order dated 30.10.1967. The petitioner then went in appeal before the learned District Judge, Baramulla on the ground that no opportunity had been given to him to adduce evidence. The appeal was allowed and the matter was remanded to the learned Sub Judge and after the remand the learned Sub Judge on the evidence adduced before him, did not find any merit in. the application under Order 9 Rule 13 of the Code of Civil Procedure, for setting aside the exparte decree and he therefore, dismissed the application. The present petitioner then preferred an appeal before the learned District Judge Baramulla, and this appeal of his was also dismissed, and hence this present revision petition.