FAROOQ AHMED BHAT Vs. SHEIKH NOORUDDIN

JUDGEMENT

(1.) In this revi sion order dated 23-4-1996 of District Judge, Srinagar in Appeal case No. 37/93 on the file of that Court is impugned,

(2.) Respondents 1 to 3 preferred & suit before District judge, Srinagar, which was transferred to the Court of City Munsiff, Srinagar. The suit is for ejectment of building and the premises situated at Dalgate Srinagar (more specifically referred to in plaint) on the grounds specified in para 6 of the plaint. The defendants appeared and filed written statement on 29-10-1988 in the suit. Thereafter, the defendants failed to appear in the suit and were set ex-parte on 11-11-1989. After evidence was recorded, the case stands decided and decreed ex-parte on 20-4-1992.

(3.) The defendant Farooq Ahmad filed an application for setting "aside the ex-parte decree in the trial court of City Munsiff, Srinagar on 3-9-1993, mainly on the ground that Mr. Khardoori counsel for the defendants left valley as migrant and did not appear before the Court and at the same time defendants were not informed by the counsel of his migration, therefore, they were set ex-parte. The defendants non-appearance was neither deliberate nor intentional. For the said cause, the ex-parte was prayed to be set aside. The trial court after inviting objections and on hearing the matter found no 'sufficient cause' for non-appearance and condonation of delay and therefore dismissed the application.