SASHI BHUSHAN PRADHAN Vs. BASUDHA KAMA

JUDGEMENT

(1.) Heard.

(2.) On consent of learned Counsel for both the parties this Civil Revision stands disposed of at the stage of admission.

(3.) Petitioner was the sole defendant in T.S. No. 16 of 1998 of the Court of Civil Judge (S.D.) Boudh and the opposite party members were the plaintiffs. On 22-4-1999 petitioner defaulted in appearance and therefore, after setting him ex parte, the suit was heard ex parte and consequently an ex parte decree was passed on 13-5-1999. On 28-8-1999 petitioner filed application under Order 9, Rule 13, C.P.C. alongwith application under Section 5 of the Limitation Act with the prayer to condone the delay and to set aside the ex parte decree. In support of that cause, petitioner advanced the plea of his illness from 17-4-1999 to 28-9-1999. In proof of that plea, petitioner examined his son-in-law and two more witnesses, out of whom P.W. No. 3 was the doctor who granted certificate of illness and treatment in favour of the petitioner. The medical certificate was marked as Ext. 1.