SYED HAISANULLA Vs. AHMAD BEIG

JUDGEMENT

(1.) This is a revision by LRs. 3 and 6 against the order dated 8-2-1985 passed by the Civil Judge, Kolar, in Misc. Appeal No. 40 of 1982 affirming the order dated 16-9-1982 passed by the Principal Munsiff, Kolar, in Misc. No. 40 of 1979 dismissing the same.

(2.) Sabulal the petitioner in Misc. No. 40/79 was the defendant in O.S. No. 160/79. According to him he received the summons in O.S. No. 160/79 and that he did not know reading and writing English and hence he handed over the summons to his son to let him know what it was. According to him his son was unable to say what it was. According to him, his son stated that he would show it to the lawyer and so saying took it away. In the meanwhile his son went to Bangalore for some work with the said summons. He did not return home well in time. He returned only on 27-6-1979 at night. He questioned him on that very night what it was. According to him, his son told him that he had misplaced it. He and his son searched for it and traced it. The next day he took it to the lawyer and came to know that the hearing date was 15-6-1979 and that there was an ex parte decree passed on 21-6-1979. His non-appearance was due to bona fide reasons and he could not appear on the date of hearing for sufficient grounds. Hence he prayed that the ex parte decree may be set aside.

(3.) It was resisted by the other side.