Sudhindra Mohan Guha, J. - (1.) The present Rule was issued against the order dated 11-8-72 passed by Sri S. N, Bhattacharya, the learned Additional District Judge, Second Court, Midnapore in Misc. Appeal No. 177 of 1971 upholding the order of dismissal of a Miscellaneous Case passed under Order 9, Rule 13, C.P.C., by the learned Munsif of Jhargram.
(2.) The State of West Bengal, the defendant in Title Suit No. 303 of 1970 of the Court of Munsif of Jhargram filed an application for setting aside the ex parte decree in that suit on 23-3-1971 under Order 9, Rule 13 of the Civil P. C. The learned Munsif appears to have taken the suit for ex parte hearing after rejecting an application for time for the purpose of putting in written statement to contest the suit.
(3.) The case of the State of West Bengal was that a large number of suits were being filed throughout the District that year and due to that such a situation arose that it had been difficult for petitioner to cope with. It was the further case of the State that it had to collect facts and other materials from its various sister departments and that the Government pleader was under a terrible pressure of work and for all these facts and circumstances the written statement could not be made ready when the suit was taken up for hearing ex parte.;