SHIV KUMARI RATHORE Vs. ALANKAR KHANNA

JUDGEMENT

(1.) This civil miscellaneous appeal under Order 43, Rule 1 CPC is directed against the order dated 4.2.2002 passed by the learned Addl. District Judge No. 2, Jaipur City, Jaipur, whereby an application under Order 9, Rule 13 CPC has been dismissed.

(2.) Briefly stated, the relevant facts are that in the suit filed by the respondent-plaintiff for eviction and arrears of rent against the appellant-defendant, summons were served on her on 29.2.2002 but she failed to appear in the Court on 7.8.2000 on which date exparte proceedings were ordered and after taking evidence of the plaintiff, the suit was decreed. The appellant moved an application for setting aside the exparte decree which was dismissed alongwith her application under section 5 of the Limitation Act holding that no sufficient cause was shown for her absence from the Court after service of summons on her.

(3.) I have heard learned counsel for the parties and have also perused the impugned order.