KASHIRAO PANDUJI Vs. RAMCHANDRA BALAJI

JUDGEMENT

(1.) THIS is a revision by the defendant (applicant) from an appellate order upholding the order of the 1st Court refusing to set aside an ex parte decree passed against him on 26-10-1944 in Civil Suit No. 265 of 1944. The relevant facts are these:

(2.) THE first hearing of Civil Suit No. 265 of 1944 was on 11-9-1944 and the summons was served on the defendant (applicant) on 21-5-1944. The defendant was absent at the hearing and the Court deciding to proceed ex parte against him fixed the case for ex parte evidence on 26-10-1944.

(3.) ON 22-9-1944 he applied to the Court for setting aside the ex parte order passed against him and produced the doctor's certificate in support of the application. The application was rejected summarily the same day and the order of rejection runs as follows: ....Application is not supported by affidavit. It does not disclose reason sufficient to set aside ex parte order. Defendant was served in last May and with little diligence he could have obtained adjournment. Application is summarily rejected with costs.