R.H.Zaidi, J. - (1.) HEARD learned counsel for the applicant and Mr. K.L. Grover, counsel for the respondent No. 1. As desired by learned counsel for the parties, this revision was heard and is being disposed of finally by means of this order, at this stage.
(2.) THIS is a defendant's revision filed against the judgment and order dated 22.8.2000, whereby the application of the petitioner for recalling the order dated 22.2.2000 was rejected by the Court below. It appears that respondent No. 1 filed a suit for recovery of Rs. 4,73,123.95. In the said case, plain tiff -respondent concluded its evidence. Thereafter, it was the turn of the defendant -applicant to produce evidence. Several dates were given for production of the evidence but the applicant did not produce the evidence. Consequently, on 22.2.2000, the trial Court directed to proceed the suit ex -parte. The defendant -applicant filed an application for recalling the said order. The Court below dismissed the said application by judgment and order dated 22.8.2000. Hence the present revision.
(3.) LEARNED counsel for the applicant submitted that it was on account of illness of the applicant, that she could not appear on the date fixed and could not produce evidence, therefore, the impugned order whereby the application of the applicant for recalling the order to proceed ex -parte was dismissed, was liable to be set aside. Learned counsel for the applicant also offered to pay reasonable cost if she was afforded on opportunity to contest the case and to produce evidence in support of her case.;