BRAJ KISHORE Vs. RAJ KISHORE AND OTHERS

JUDGEMENT

(1.) The matter comes up on the application under Art. 226(3) of the Constitution of India for vacating the ex-parte stay order passed by this court on 18.09.2009 by which the further proceedings before the trial court had been stayed.

(2.) Since the matter involved hearing of arguments on merits, with the consent of the parties, the writ petition itself was heard.

(3.) By the impugned order, the evidence of the petitioner-defendant-applicant who had filed the application under Order 9 Rule 13 C.P.C. for setting aside the ex-parte decree had been closed by the learned trial court as several opportunities have been given by the learned trial court to the petitioner for adducing evidence in support of the application under Order 9 Rule 13 C.P.C. but the defendant-petitioner failed to do so.