SMT. BHANI Vs. MAHAVEER PRASAD

JUDGEMENT

(1.) The crucial legal question which arises for consideration in this revision is as to what is the object of the procedure laid down by O.9 of the CPC? To do substantial justice or to entrap the defendant in the technicalities of the procedure?

(2.) The question has emerged in the following circumstances :

(3.) Before assessing the merits of the petition, it is necessary to examine the statutory provisions. Order 9 R. 7 Code of Civil Procedure provides that "where the Court has adjourned the hearing of the suit ex parte and assigned good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance."