KARAM CHAND THAPPAR Vs. MANZOOR AHMAD

JUDGEMENT

(1.) THIS is a Civil Miscellaneous Appeal against the order dated 28th Feb 2001 passed by Additional District Judge, Srinagar.

(2.) THE point involved in the present appeal is as to whether 'Hartal', which have become a common feature in the valley now, provides a sufficient ground to a defendant against whom an ex -parte decree has been passed, to get the decree set -aside under Order 9 Rule 13 Code of Civil Procedure.

(3.) ON 13th May, 1993 the present appellant moved an application for setting aside the ex -parte decree and specifically mentioned that due to frequent Hartal courts remained closed on several hearings and the counsel for the appellants could hot cause his appearance. The Additional District Judge, Srinagar who heard this application wrote a lengthy order and by means of the impugned order rejected the application of the appellant. Being aggrieved by the order of the ld. Additional District Judge, Srinagar in rejecting the application for setting aside the ex -parte decree, the present appeal has been filed. It is alleged that during the period under consideration the Valley of Kashmir was witnessing a serious turmoil which in particular have led the members of the minority committee to fled away from the Valley including the appellant. The Ld. Court below, according to the appellant has not applied its mind to the case properly and on improper exercise of its jurisdiction by presuming absence of sufficient cause has rejected the application.