EXECUTIVE OFFICER Vs. POORANMAL

JUDGEMENT

(1.) The present misc. appeal has been filed aggrieved of order dtd. 3/2/2026 passed by the learned Additional District Judge, Kuchaman City, District Didwana-Kuchaman (hereinafter referred to as the 'learned Trial Court') in Civil Misc. Case No.35/2025 whereby application under Order IX Rule 13 r/w Sec. 151, CPC as filed on behalf of the applicant, stood dismissed.

(2.) The facts are that a suit for compensation under Sec. 1 A of the Fatal Accidents Act, 1855 was filed by the respondents on 20/7/2024. Notices in the said suit were served on defendant No.1 i.e. the Executive Officer of the concerned municipality on 8/1/2025 and on the Collector (vide registered notice), on 21/12/2024. However, none appeared for the defendants and hence the Court, vide order dtd. 17/2/2025, directed to proceed ex parte against the defendants.

(3.) Ultimately, vide order dtd. 21/8/2025, the suit stood decreed for an amount of Rs.11,36,360.00 with interest @ 5.50%.