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Judgment
J.V. Gupta, J.—This revision petition is directed against the order of the trial Court dated November 14, whereby the application for setting aside the exparte proceedings was dismissed.
The plaintiff filed the suit for the recovery of Rs. 27,915.84. The defendantpetitioner was proceeded exparte when it failed to appear in spite of service. Exparte proceedings were ordered on April 1, 1984, whereas the application for setting aside the exparte 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 exparte 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 the exercise of its jurisdiction. If the application ws a belated one, the defendant could be burdened with heavy costs under Order IX Rule 7, Code of Civil Procedure, which reads as under :
"Where the Court had adjourned the hearing of the suit exparte and the defendant, at or before such hearing, appears and assigns good cause for his previous nonappearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as it he had appeared on the day fixed for his appearance."
Consequently, the revision petition succeeds and is allowed. The impugned order is set aside and the application for setting aside the exparte proceedings 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 defendantpetitioner will pay the said costs and also filed his written statement; failing which this revision petition will stand dismissed.
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 XVI rule 7A of the said Code.