HAZARI Vs. NAND LAL

JUDGEMENT

(1.) The petitioners defendants have filed this petition under Sec. 115 C.P.C. against the Order dated Dec. 13, 1994 passed by the Additional District and Sessions Judge, Chittorgarh in Misc. Civil Appeal No. 16/1994 by which the learned Additional District Judge dismissed the appeal and upheld the Order of the Trial Court dated April 13, 1994 by which the application of the defendants petitioners under Order 9 Rule 13 was dismissed.

(2.) The brief facts are that the non-petitioner plaintiff filed a suit against the petitioners to recover a sum of Rs. 14,000.00. Notices were issued to the defendants. After service, the defendants petitioners filed written statement and inter alia challenged the maintainability of the suit on the ground that the petitioners defendants were agriculturist. The case was fixed for plaintiff's evidence for framing of issues on Dec. 14, 1992. The presiding officer was on leave. The case was adjourned to May 31, 1993. Neither the defendants nor their counsel put any appearance before the Court. The learned Trial Court, therefore, passed ex-parte decree against the defendant. Aggrieved by the above Order, the defendants petitioners filed an appeal before the Appellate Court who by its Order dated Dec. 13, 1994 dismissed the same. It may be stated that during the pendency of the suit, the case was transferred to the Court of Civil Judge, Begun. Eventually an ex parte decree was passed. The defendants filed an application for setting aside the decree, but, the application was dismissed.

(3.) I have heard learned counsel for the petitioner and the learned counsel for the non-petitioner.