G.M.LODHA, J. - (1.) A typical rackless negligence of non filing of written statement for 15 months, after about a dozen adjournment including there with costs resulting in exparte proceedings, and yet invoking revisional jurisdiction to put premium on such lethargy, inaction and negligence by making the counsel scapgoat for setting aside exparte order, is the extra ordenary prayer in this petition under Section 115 C.P.C.
(2.) AND now the facts: A suit for ejectment was filed by the plaintiff. The defendant who is the petitioner before this Court put up appearance on February 11,1980, though Mr. P. Gadaria and prayed for time to file written statement. The defendant having failed to file written statement, another adjournment was granted on payment of cost of Rs. 15/ - -, but on May 27, 1980, no written statement was filed and the case was adjourned to August 12, 1980 to enable the petitioner to file written statement. The defendant having failed to file written statement was granted yet another adjournment on payment of the cost of Rs. 10/ - and the case was then taken up on September 22, 1980 but even then written statement was not filed, on 30th September, 1980. Yet another adjournment was granted on payment of cost of Rs. 50/ - and the case was fixed for October 14, 1980 but neither the defendant nor the counsel appeared on October 14, 1980, with the result that exparte proceedings were taken.
(3.) AN application for setting aside exparte decree was then filed on May 19, 1981 in which it was mentioned that the learned Counsel for the defendant has failed to give him legal advice. The trial court was of the opinion that it was the duty of defendant to have contacted his counsel, after giving Vakalatnama.;