BAJRANG LAL Vs. SAROJ KANWER

JUDGEMENT

(1.) This revision petition has been filed against the impugned order dated 31.7.2001 passed by the learned Civil Judge (Junior Division) Nokha, District Bikaner by which the application filed by the petitioner to recall the order dated 14.5.2001 to proceed ex pane against him has been rejected.

(2.) The facts.and circumstances giving rise to this case are that an application for adjournment was filed on 14.5.2001 on behalf of the petitioner-defendant on the ground that he was ill and not able to attend the court. The adjournment was refused and the order was passed to proceed ex parte against him. Application has been rejected on the ground that there was no sufficient reason to recall the said order. While passing the order rejecting the application; the trial court took into consideration the earlier conduct of the petitioner and made observations in this respect also.

(3.) Shri Sajjan Singh, learned counsel for the petitioner, has submitted the trial court ought to have given atleast one opportunity to the petitioner on the ground of illness and therefore, the order is liable to be set-aside.