SHIMBHU DAYAL Vs. LATE KISHORI DEVI

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE defendant -petitioner has preferred this writ petition challenging the impugned order dated 14th May, 2004 (Annexure -3) passed by the trial court rejecting his application under Order 9 Rule 7 read with Section 151 of the Code of Civil Procedure for setting -aside the ex -parte order and closing his evidence.

(3.) THE learned Counsel for the petitioner contended that the defendant was not well on the date when the case was fixed for defendant's evidence, therefore, he could not make himself present on that date and his counsel wrongly pleaded no instructions in the case on his behalf, therefore, in the interest of justice, one more opportunity may be granted to him to lead evidence while setting -aside the ex -parte proceeding and so far as the delay of proceedings is concerned, the plaintiff may be compensated by way of costs.