BALWANT RAI Vs. MOHAN LAL

JUDGEMENT

(1.) THESE two Civil Revisions arise out of 2nd Additional District Judge Jammus order dated 28.4.2004 whereby two applications filed by herein petitioner Balwant Rai seeking setting aside of decrees passed in File No. 19/Civil and 20/Civil on 23rd November 2003 had been sought to be set aside.

(2.) FACTS giving rise to these two Revision Petitions are these: -

(3.) AFTER the filing of this application by the petitioner before the trial court, the case appears to have proceeded on a snails pace allowing adjournments to the parties on mere asking. It appears that the petitioner -defendant was not present on 13.02.2002 when the trial court proceeded exparte and adjourned the case to 26.02.2002. The defendant, however, filed an application for setting aside exparte proceedings and appeared on the adjourned date. It further appears from the records that rather than deciding the application of the petitioner -defendant seeking leave to defend, the suit, the trial court by a composite order, rejected the application for setting aside exparte proceedings holding that such application was not maintainable. The trial court accordingly decreed the two suits on 23.11.2002. The petitioner thereafter filed applications on 24th of December 2002 seeking setting aside of decrees passed by the learned 2nd Additional District Judge Jammu in File Nos. 19/Civil and 20/Civil.