Writ Petition No.11642/2010 30.8.2010
Shri Rahul Rawat, Advocate for the petitioner.
This petition is directed against the order dated
21.7.2010 passed by 5th Additional District Judge (Fast Track
Court), Chhindwara in Civil Suit No.16-A/2007 by which an
application under Order 9 Rule 7 of Code of Civil Procedure
was rejected.
It is submitted by learned counsel for the petitioner that
there was sufficient ground for non-appearance of petitioner
in the case but the trial Court erred in rejecting the
application. On perusal of Annexure P-3, we find the only
reason which was assigned was that the defendant No.1 was
not having knowledge of date of hearing, so he could not
appear in the case.
The trial Court in the impugned order found that the
petitioner caused appearance on 28.3.2007 and filed
vakalatnama through Shri R.K. Shukla, Advocate alongwith
the registered address. On 13.7.2007 petitioner remained
absent and proceeded exparte, thereafter after lapse of more
than 3 years, an application under Order 9 Rule 7 of Code of
Civil Procedure was filed. It appears that it is a family dispute
and both the parties are residing in the township of
Chhindwara, the case is also pending in the court of
Chhindwara. The petitioner had filed an application under
Order 9 Rule 7 of Code of Civil Procedure on the ground that
he was not aware of next date and could not appear in the
court, but 3 years is long period. The Petitioner could have
contacted his advocate or search out the case in the court. In
the circumstances, if trial Court rejected the application filed
by petitioner under Order 9 Rule 7 no fault is found. However,
petitioner can participate in further proceedings of the case.
The trial court shall permit the petitioner to contest the case
in accordance with law.
With the aforesaid direction, this petition is dismissed.
No order as to costs.
(Krishn Kumar Lahoti) (S.C. Sinho)
Judge Judge
RC*