SUBRATI KHAN Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 24.7.1997 passed by learned Civil Judge (Junior Division) and Judicial Magistrate, 1st Class (West), Bhilwara in case No. 93/95 (Rajendra Kumar v. Subrati Khan) whereby the application of the defendant-revisionist filed under Order 9, Rule 7, CPC was rejected.

(2.) Although the present revision is posted today for admission yet with the consent of the learned counsel for the parties I would like to dispose it of on merits.

(3.) It is borne out from the record that the learned trial court passed an order to proceed ex-part against the defendant revisionist on 30.9.1995. The defendant revisionist moved the application under Order 9 Rule 7 CPC to recall the aforesaid order dated 30.9.95 on the next date of hearing i.e. on 16.12.1995 on the ground inter alia that the order to proceed ex-parte dated 30.9.1995 was passed when he was ill and his counsel had gone to attend funeral of his neighbour It is averred in the application that due to the aforesaid facts and circumstances neither he nor his counsel were present in court when the case was called on for hearing on 30.9.1995. The learned counsel for the revisionist has produced before me certified copy of the order sheets of the learned trial court which point out that arguments at length on the application under Order 9, Rule 7 CPC were heard on 2.7.1996 and on 6.3.1997 and thereafter two further dates i.e. 26.4.1997 and 15.7.1997 were given. The application dated 16.12.1995 moved by the defendant - revisioriist under Order 9, Rule 7 was rejected on 24.7.1997.