RELIANCE COMMUNICATION LTD. Vs. BASANT JAIN

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The instant appeal is preferred by the appellant against the order dated 19.7.2012 passed by the learned Additional District Judge (F.T.) No. 2, Jodhpur in Civil Misc. Case No. 129/2011 whereby the application filed by the appellant under Order 9, Rule 13 C.P.C. for setting aside of the ex-parte decree dated 6.10.2010 was rejected.

(3.) Mr. P.M. Vyas, learned Counsel for the appellant, vehemently contended that the appellant had engaged Mr. K.K. Vyas as Advocate for contesting the case on its behalf. Mr. Vyas did not appear before the Trial Court to plead the matter on behalf of the appellant and that is why ex-parte proceedings were undertaken against it. He urged that the law is settled that a litigant should not suffer for the fault of his Lawyer. He, therefore, prayed that in the interest of justice, while setting aside the ex-parte decree, the appellant should be granted an opportunity to contest the suit afresh before the Trial Court.