Khorbahra Ram Yadu v. Banshilal Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Civil Revision No. 86 of 2018 Khorbahra Ram Yadu, S/o. Shri Sakharam Yadu, aged about 58 years, R/o. Village- Arasnara, Thana- Nandini Nagar (Ahirwara) Tahsil - Durg, Civil & Revenue Distt.- Durg (C.G.) ..... Plaintiff ---- Applicant

Versus

Banshilal Agrawal, S/o. Late Shri Lajpatray Agrawal, aged about 45 years, R/o. 55/6 Nehru Nagar East Bhilai, Thana - Supela Bhilai, Tahsil - Durg, Civil & Revenue Distt.- Durg (C.G.) Defendant ---- Respondent For Petitioner : Mr. Sunil Sahu, Advocate. For Respondent : Mr. Shrawan Agrawal, Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/08/2018 (1) The trial Court, by the impugned order dated 24.04.2018, has allowed the application filed under Order 9 Rule 13 of the Code of Civil Procedure (henceforth "CPC") by the respondent/defending finding sufficient cause for non-appearance when the case was called out for hearing and thereafter set aside the ex parte decree, against which instant writ petition has been filed questioning the same.

(2) Learned counsel appearing for the petitioner would submit that respondent no sufficient cause was shown by the respondent/defendant for not appearing when the case was called out for hearing , as such the trial Court is absolutely unjustified in allowing the application filed under Order 9 Rule 13 of the CPC and no application for condonation of delay was filed in support of the above-said application.

(3) Per contra, counsel for the respondent/plaintiff would support the impugned order. (4) I have heard learned counsel appearing for the parties. (5) The trial Court has clearly recorded a finding that sufficient cause has been shown for not appearing when the case was called out for hearing, which, in the opinion of this court, is a finding of fact based on the material available on record. So far as non filing of application for condonation for delay in support of application under Order 9 Rule 13 of the CPC is concerned, it appears that it was a consolidated application for setting aside the ex parte order and condonation of delay. However, ends of justice would be served, if the cost of Rs. 2,000/- is awarded to the applicant/plaintiff for granting the application under Order 9 Rule 13 of the Code of Civil Procedure. (6) Accordingly, the civil revision is dismissed with a direction to pay cost of Rs.2,000/- to applicant/plaintiff by respondent/defendant. Sd/- (Sanjay K. Agrawal) Judge D/-