USMAN GANI Vs. SUMER MAL

JUDGEMENT

(1.) The petitioner is a defendant in a suit pending in the Court of Civil Judge, Junior Division, Sujangarh, District Churu.

(2.) On April 8, 1996, an application for setting aside ex-parte order filed by the defendant-petitioner was allowed but he was not allowed to file his written statement for the reasons recorded in the order. On Aug. 5, 1996, the plaintiff's evidence was closed by the trial Court rejecting the prayer for adjournment made by the defendant. Against the order dated April 8, 1996, the petitioner preferred revision petition in this Court which was registered as Defect Case No. 2517/96 as it was presented 106 days beyond time. The petitioner also moved an application before the District Judge, Churu for transfer of the case from the trial Court to some other Court. The transfer application is still pending before the District Judge, Churu but the petitioner moved S.B. Civil Misc. Transfer Application No. 357/96 before this Court praying for transfer of the Transfer Petition No. 26/96 pending in the Court of District Judge, Churu to this Court.

(3.) S. B. Civil Revision Petition (Defect No. 2517/96 and S. B. Civil Misc. Transfer Application No. 357/96 are being decided by this common order.