JAINENDRA KUMAR RANKA,J. - (1.) Instant petition at the instance of defendant-petitioner is directed against the order dated 09/06/2015 passed by the learned lower appellate court dismissing the appeal filed by the defendant-petitioner against the order dated 31/07/2010 passed by the learned trial court dismissing the application filed by the defendant petitioner under Order 9, Rule 13 CPC for setting aside the ex-parte judgment and decree dated 21/09/2004.
(2.) Counsel for the defendant-petitioner submitted that the both the courts below have erred in not considering this aspect of the matter that the defendant-petitioner is serving in para military force (BSF) and therefore could not get information regarding the suit as well as the ex-parte decree and that apart, he being bona fide purchaser of the suit property was required to be heard and put his defence in his favour but without considering such averments made in the application, the learned trial court dismissed the same and the learned lower appellate court also without considering the averments of the appeal, dismissed the appeal upholding order of the trial court. Counsel submits that in the interest of justice and looking to the principles of natural justice, the orders passed by the courts below deserve to be quashed and the defendant-petitioner should be allowed opportunity to put his defence and the petitioner is prepared to pay a reasonable cost.
(3.) Learned counsel for the plaintiff-respondent while supporting the orders of both the courts below submitted that the ex-parte judgment and decree has rightly been passed by the learned trial court as the summons were sent and duly received by the defendant-petitioner but despite that he failed to put appearance repeatedly without any cogent reason and as such, no interference is required to be made in the orders passed by the courts below.;