PRABHAKAR S/O. DASRATHJI BOBDE Vs. JAGESHWAR S/O. BHASKARRAO PATRE
LAWS(BOM)-2017-6-70
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on June 13,2017

PRABHAKAR S/O. DASRATHJI BOBDE Appellant
VERSUS
JAGESHWAR S/O. BHASKARRAO PATRE Respondents

JUDGEMENT

SHALINI PHANSALKAR JOSHI,J. - (1.) The legality, validity and propriety of the order dated 26.04.2016 passed by 4th Joint Civil Judge, Senior Division, Nagpur in Summary Civil Suit No.178/2010, thereby rejecting the application filed by the petitioner to set aside the ex parte decree passed therein on 25.04.2013, is challenged in this revision.
(2.) Brief facts of the Revision are to the effect that, the respondent herein has filed Summary Civil Suit No.178/2010, against the present petitioner's for recovery of the amount. The notice of the said suit was served on the petitioners and they had engaged the counsel, who had filed application for grant of leave to defend the suit. As per the contention of the petitioners, their counsel, however, has not pursued the matter diligently. He did not inform them about the stage and progress made in the matter. As a result, the ex parte decree came to be passed against the petitioners. The petitioner therefore, filed M.J.C. No.90/2014 for setting aside the said ex parte decree and for permission to defend the suit.
(3.) This application came to be resisted by the respondent contending inter alia that the petitioners had not attended the matter diligently. It was submitted that after filing of the application for leave to defend, the petitioners were under legal obligation to attend the Court proceeding regularly, which they have failed to do. The petitioners are also literate persons and having knowledge about the Court proceeding. The opportunity was granted to the petitioners by the Courts to defend the suit, but despite that they remained absent and were trying to shift the blame on their counsel. Hence, it was submitted that as no sufficient cause was made out, the ex parte decree passed in the Summary Suit cannot be set aside.;


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