- (1.) On 30th March, 1999 a decree was passed by this Court in the undefended suit. For the purpose of placement of suits under the heading 'undefended suit' in the Court of Law one has to cross various procedural avenues laid down under Original Side Rules of this Court. Such Rules are pari materia with the Code of Civil Procedure. Sometimes Court directs to place the matter under the heading 'undefended suit' under very special circumstances. Unlike the District Courts, regular cause lists are printed from which one can see that suits or proceedings are reflected in such lists. Under normal courses of proceeding, the suit has to be placed in the prospective list, thereafter in the warning list and lastly under peremptory list of the Judge. Even where, the Court directs to place the matter under 'undefended suit' Court has to be satisfied with the test of service on the basis of the certificates to be issued by the Registrar/Deputy Registrar/Deputy Sheriff etc. There is no need of disbelieving their certificates being the part and parcel of the judicial system. Therefore, Court proceeds on the basis of such certificate or certificates.
(2.) In the instant case, I find two applications were made. One application is under section 5 of the Limitation Act and another is under Order 9 Rule 13 of Code of Civil Procedure read with section 151 of the same. Both were made sometimes in August, 1999. Admittedly, there is a delay of 105 days in making such application. In Original Side, a conjoint application is needed to be moved. However, to avoid the technicalities Court received both the applications even after making separately.
(3.) According to me, there is a gulf difference in between hearing the suit ex parte and hearing the suit under category of 'undefended suit'. In hearing the application for setting aside the decree passed ex parte, Court has to proceed with two conditions as under Order 9 Rule 13 of the Code of Civil Procedure; (a) if one satisfies the Court that the summons were not duly served; (b) if one is prevented by sufficient cause from appearing when the suit was called on for hearing.;