HARI RAM Vs. JAI SINGH & ORS.

JUDGEMENT

(1.) This revision petition is directed against the order dated 6-7-95 passed by the learned Additional District & Sessions Judge, Raisinghnagar, by which the learned Additional District Judge allowed the application u/O.9 R. 13 r/w Sec. 151 Code of Civil Procedure and set-aside the ex-parte order passed by him on 24-4-95 and, also, set-aside the ex-parte decree passed by the Court.

(2.) The brief facts of the case are that Hari Ram (Petitioner) filed a suit in the Court of the learned Additional District Judge, Raisinghnagar against defendants Jai Singh and five others for specific performance of the contract. The case was fixed for filing the written statement on 24-4-95. The timings of the Courts changed on 11-4-95 and the defendants could not appear in the Court on 24-4-95 and the learned counsel for the defendants, therefore, pleaded no instructions'. The learned Additional District Judge, therefore, passed the ex-parte order against the defendants on 24-4-95 in the following terms :

(3.) Shri Surendra Singh one of the defendants on 25-4-95, filed an application u/O. 9 R. 13 r/w Sec. 151 Code of Civil Procedure for setting aside the ex-parte decree. It was alleged in the application that the defendants were not knowing regarding the change of the timings of the Courts as on 7-4-95 the Court was observing the day timings and when the case was fixed on 24-4-95 he came to attend the Court at 1.00 p.m. but by that time the Court's working was over. He could not contact his counsel and could meet him today in the morning. This application was opposed by the plaintiff. The learned Additional District Judge, by his order dated 6-7-95 allowed the application filed by the defendant and set-aside the ex-parte decree and the order dated 24-4-95. It is against this order that the petitioner has filed this revision petition.