LADULAL Vs. KESHAVDAS

JUDGEMENT

(1.) THIS revision application is directed against the order dated 6th March, 1965, of the learned District Judge, Jhun-jhunu by which the petitioner's appeal was rejected and the order passed by the Civil Judge, Sikar dated 18th November, 1963, was upheld,

(2.) THE facts giving rise to the present application may briefly be stated as under; keshavdas opposite party in this case filed a suit for recovery of Rs. 3176/against ladnlal petitioner in the court of the Civil Judge, Sikar. The petitioner filed his written statement in the suit, issues were also framed and on 17th September, 1962, when evidence of two witnesses of the plaintiff was to be recorded he did not put in appearance in the court and his counsel also pleaded no instructions. The court then proceeded to record the evidence of the plaintiff and decreed the suit with costs on the same date.

(3.) THE petitioner then made an application before the Civil Judge for setting aside the ex parte decree which was rejected. He then preferred an appeal against the said order to the court of the District Judge, Jhunjhunu and the learned District judge after hearing the parties passed the following order: