GHULAM RASOOL SHEIKH Vs. MOHAMMAD ALI SHEIKH

JUDGEMENT

(1.) Heard learned counsel for the petitioner at length and perused the record.

(2.) It has been vehemently argued by the learned counsel for the petitioner that the learned trial Court erred in holding that the respondent had shown sufficient cause for his non-appearance despite noting contradictions in his conduct. It is submitted that the learned trial Court itself observed that the respondent had engaged the very same counsel, who was allegedly negligent, for filing the appeal, which circumstance was found to be unnatural by the trial Court.

(3.) Relying upon the aforesaid observations, learned counsel submits that the findings recorded by the trial Court themselves indicate a lack of bona fide on the part of the respondent, which is a crucial factor while determining the existence of "sufficient cause" under Order IX Rule 13 of the Code of Civil Procedure.