J.V.GUPTA,J - (1.) THIS revision petition is directed against the order of the trial Court dated November 14, whereby the application for setting aside the ex-parte proceedings was dismissed.
(2.) THE plaintiff filed the suit for the recovery of Rs. 27,915.84. The defendant-petitioner was proceeded ex-parte when it failed to appear in spite of service. Ex-parte proceedings were ordered on April 1, 1986, whereas the application for setting aside the ex-parte proceedings was filed on 29.11.1986. It was contested on behalf of the plaintiff. The trial Court dismissed the same as it was found that there were no sufficient grounds for setting aside the ex-parte proceedings nor the application was within time. After hearing the learned counsel for the parties, I find that the trial Court had acted illegally and with material irregularity in exercise of its jurisdiction. If the application was a belated one, the defendant could be burdened with heavy costs under Order 9 Rule 7, Code of Civil Procedure, which reads as under : "Where the Court had adjourned the hearing of the suit ex-parte and the defendant, at or before such hearing, appears and assigns good cause for his previous non-appearance, he may, upoon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance." Consequently, this revision petition succeeds and is allowed. The impugned order is set aside and the application for setting aside the ex-parte proceeidngs is allowed on payment of Rs. 1,000/- as costs. Since further proceedings were stayed by this Court at the time of the motion hearing, the parties have been directed to appear in the trial Court on March 7, 1989. It is made clear that on that day, the defendant-petitioner will pay the said costs and also file his written statement; failing which this revision petition will stand dismissed.
(3.) IN order to expedite the hearing of the suit it is further directed that the parties will lead their evidence at their own responsibility though dasti summons may be given to them, if so desired, as provided under Order 16 rule 7-A of the said Code. Petition accepted.;