SURINDER NATH Vs. BABA INDER SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Surinder Nath (hereinafter described as the petitioner) directed against the order of the learned Additional Senior Subordinate Judge, Amritsar dated October 5, 1991. By virtue of the impugned order, the learned trial Court dismissed the application filed by the petitioner under Order 9 Rule 7 Code of Civil Procedure for setting aside the ex parte proceedings vide the order dated April 2, 1991.

(2.) The relevant facts are that on April 2, 1991, the petitioner was proceeded ex parte. He submitted an application for setting aside of the said order alleging that he is an old and infirm person and has been suffering from serious chest trouble. His age is about 85 years. On April 2, 1991, due to his illness, he could not appear in Court, nor inform his counsel about his sickness. Therefore, he prayed that ex parte proceedings against him be set aside.

(3.) The said application had been opposed. Respondent's claim was that the petitioner had intentionally absented himself on April 2, 1991 and he is only adopting dilatory tactics.