Rajesh Kukmar Garg vs J.K. Garg

Shiv Narayan Dhingra, J.—By this application under Order IX Rule 7 CPC defendant has sought recalling of order dated 2nd March, 2009

whereby defendant was proceeded ex parte. It is stated by defendant that on that day defendant was not well and was advised rest by the doctor.

I have perused the record and it is seen that the defendant has been prolonging the trial of the case. On 1.09.2008 when the matter was fixed

before the Joint Registrar, none appeared for defendant and the matter was re notified for plaintiff''s evidence on 5.11.2008. On 5.11.2008 again

defendant did not appear before the Joint Registrar and Joint Registrar listed the case before the Court for further directions on 2.12.2008. On

2.12.2008 also defendant did not appear and the case was listed on 9.2.2009. On 9.2.2009 the matter was listed before Joint Registrar and the

defendant appeared in person but since list of witnesses and affidavit of evidence was not filed by the plaintiff, the learned Joint Registrar fixed the

matter before the Court on 2.3.2009. Again defendant did not appear before the Court and was proceeded ex parte and thereafter the matter was

listed for ex parte evidence.

The medical certificate filed by defendant is for a disease of gastro enteritis. No treatment record has been filed by defendant as to since when

he was taking treatment. The medical certificate issued by the doctor specifically mentions at the bottom that the certificate was not for medico-

legal purpose. It is obvious that the certificate procured by defendant was just to take an excuse of non appearance. Looking into the conduct of

defendant of not appearing repeatedly before the Joint Registrar and the Court, the application of defendant is allowed subject to cost of Rs.

5,000/-.

CS(OS) No. 2384/2001

List the matter before the Joint Registrar for cross examination of witnesses on 16th February, 2010.