SURAJMAL Vs. JAWAHARBAI

JUDGEMENT

(1.) THIS is an application in revision by the defendant Surajmal against the order of the District Judge, Jaipur City dated the 9th April, 1951.

(2.) THE facts giving rise to it are that the opposite party Mst. Jawahar Bai filed a suit against the application in the court of the Munsif West, Jaipur City for demolition of a bath-room and for permanent injunction restraining the defendant from making any construction in the joint chowk belonging to the parties. On the 10th of December, 1949, the defendant closed his evidence and the case was adjourned for argument on the 27th December, 1949. That date turned out to be a holiday and the case was, therefore, fixed for hearing arguments on the 20th January, 1950. On this date, the defendant-appellant's learned advocate appeared in the court and requested for further adjournment on the ground that his client was not present and he considered his presence to be necessary for some reason best known to him. THE court, however, allowed this adjournment and fixed the case for hearing arguments on the 7th February, 1950. On this date, neither the defendant nor his advocate put in their appearance. THE court, therefore, proceeded to hear the arguments of the plaintiff and it delivered its judgment on the third day i. e. , the 9th February, 1950 whereby the suit was decreed. On the 18th February, 1950, the defendant presented an application requesting the court to set aside its decree under Order 9, Rule 13 of the Civil Procedure Code. THE trial court dismissed this application on the 12th May, 1950 saying that it had not passed the decree ex-parte but that it gave its judgment on merits and, therefore, Order 9 Rule 13 of the Civil Procedure Code did not apply. THE defendant went in appeal against this order but he was not successful and therefore, he has come to this court in revision against the order of the appellate court dated the 9th July, 1951.