Bombay High Court High Court

Shri Bhimrao Pundalik Bhalerao vs The United Western Bank Ltd on 13 October, 2010

Bombay High Court
Shri Bhimrao Pundalik Bhalerao vs The United Western Bank Ltd on 13 October, 2010
Bench: S. S. Shinde
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                
                       BENCH AT AURANGABAD.




                                        
         CIVIL REVISION APPLICATION No. 1402 OF 2001




                                       
    Shri Bhimrao Pundalik Bhalerao,
    Age 47 years, Occu. Service,
    Head Post Office, Mail Overcier,
    Bhusawal, Tq. Bhusawal,
    Dist. Jalgaon.                              ...APPLICANT




                              
                    ig        VERSUS
                  
    The United Western Bank Ltd.,
    Body Corporate, ( Now IDBI Bank)
    Branch Chopada, Tq. Chopada,
    Dist. Jalgaon.                              ..RESPONDENT
      

                              ...
   



                        ...
    Mr.B.A. Agrawal, Advocate h/f Adv.              R.R.       Mantri,
    Advocate for applicant
    Mr.S.V. Advant, Advocate for respondent





                             CORAM :- S.S. SHINDE, J.

             JUDGEMENT RESERVED ON     : 5th October, 2010
          JUDGMENT PRONOUNCED ON       : 13th October, 2010





    JUDGMENT:

Rule, Rule made returnable forthwith. Heard

finally with the consent of parties.

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2. The Civil Revision application takes

exception to the order dated 3rd December, 2001 by

Civil Judge Senior Division, Amalner, in Misc.

Application No. 3 of 1999.

3. The Civil Revision applicant herein fled

Misc. Application No. 3 of 1999 before Civil Judge

Senior Division, Amalner, under Order 9Rule 13 of the

Civil Procedure ig Code. The respondent herein filed

Civil Suit NO. 2 of 1997 against the applicant for

recovery of Rs. 30,983/- (Rs. Thirty thousand nine

hundred eight three). The applicant herein appeared in

the suit but could not file Written Statement. When

the case was fixed for final hearing, applicant’s

Counsel was absent, as he has to appear before the

Court of Civil Judge Junior Division, Chopada. It is

further case of the applicant that the letter issued

by his Advocate, could not received by him in due

course, because the applicant was performing his duty

at some other village. As a result, the suit was

decided exparte on 18th December, 1998. As the

applicant could not appeared in Special Civil Suit No.

2 of 1997, the suit was decided exparte. Therefore,

Misc. Application was filed by the applicant herein

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for setting aside the exparte decree.

4. The respondent herein who is original

opponent had no objection to restore the Special

Civil Suit No. 2 of 1997.

5. The learned Judge has recorded the evidence

of the applicant. In support of his case, applicant

examined himself,
ig his evidence was recorded below

(Exh. 22). In the said statement he stated that he had

not filed any Written Statement in the suit. The suit

was fixed for final hearing, he was residing at

Chopada. The Counsel appearing on behalf of applicant

told him that he will informed the applicant, whenever

required. The applicant was transferred to Bhusawal,

and therefore, he could not appear before the court.

Hence, the suit was decided against him exparte on 18th

December, 1999. Therefore, he prayed that suit may be

restored to its original file.

6. The learned Judge after hearing the

applicant and original opponent rejected the

application for setting aside exparte decree. Hence,

this Civil Revision Application.

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7. The learned Counsel for the applicant

submitted that inspite of express consent given by the

respondent to set aside the exparte decree, Trial

Court exceeded its jurisdiction vested in its by

refusing to setting aside the exparte decree. It is

further submitted that Trial Court acted illegally and

with material irregularity in exercise of its

jurisdiction, in that the provisions of Order VI Rule

12(2) (a) had no bearing in facts of the present case.

The findings are capricious and arbitrary and

perverse. If the impugned order allowed to stand,

could occasioned grave mis-carriage of justice and

would cause undue hardship to the applicant. The

learned Counsel also invited my attention to the

grounds taken in the application, and also other

documents placed on record.

8. The learned Counsel appearing for respondent,

vehemently opposed the application and submitted that

in view of Order 43 Rule 1 (d) of Civil Procedure

Code, the present Civil Revision Application is not

maintainable.

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9. I have carefully perused the Civil Revision

Application, along with its annexures, and also the

provisions of the Civil Procedure Code. It is not in

dispute that the application filed by the applicant

under Order IX Rule 13 of the Civil Procedure Code.

The Trial Court in para NO. 5 has considered the

application of the applicant and taking recourse to

order VI Rule 14(a) (2) of the Civil Procedure Code

held that it was the duty of the applicant to file

fresh memo of address, as it required under Order VI

Rule 14(a) (2) of the Civil Procedure Code. Therefore,

in absence of such steps, it is not possible to

entertain application and further observed that there

is mistake on the part of the applicant, because of

which he could not appeared before the Court and which

is not reasonable excuse to condone such a conduct.

10. Without entering into the aspect of

maintainability of Civil Revision Application, I

propose to dispose of the application on its merits

itself. Since the Rule is issued on the Civil Revision

Application, by this Court in 2001, now telling the

applicant to file some other proceedings, after 10

years would cause great hardship to the applicant.

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That apart the assignment of hearing the Civil

Revision Application and also Appeal From Order is

with this Court, and therefore, it is desirable to

decide the matter on its own merits.

“[Rule 14A. Address for Service of notice :-

(1) Every pleading, when filed by a party,

shall be accompanied by a statement in the

prescribed form, signed as provided in rule

14, regarding the address of the pary.

(2) such address may, from time to time, be

changed by lodging in Court a form duly

filled up and stating a new address of the

party and accompanied by a verified

petition.”

11. The perusal of Sub Rule 2 of Rule 14(a)

would make it clear that every pleadings, when filed

by a party, shall be accompanied by a statement in the

prescribed form, signed as provided in Rule 14,

regarding address of the party. Sub Rule (2) further

provided that such address may, from time to time, be

changed by lodging in Court a from duly filled up and

stating the new address of the party and accompanied

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by a verified petition. The Sub Rule (3) provides that

address furnished in the statement made under sub-rule

(1) shall be called as “registered address” of the

party, and shall, until duly changed as aforesaid, be

deemed to be the address of the party for the purpose

of service of all processes in the suit, and shall

hold good as aforesaid, for a period of two years

after the final determination of the cause or matter.

A careful reading of Rule 14(a) would clearly

spell out that it is for the party to furnish the new

address if any by lodging in Court a form duly filled

up and stating therein new address of the party.

12. Therefore, the provisions are very clear and

there is no any scope to infer that the applicant was

not obliged to give his changed address to the Court,

either himself or though his pleader, in the manner

stated in sub rule 2 of Rule 14(a) of Order VI.

Therefore, the Trial Court has rightly addressed the

issue and concluded that it was for the applicant to

furnish such address. Therefore, there is no substance

in the Civil Revision Application. That apart the

decree passed by the Court below was money decree and

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interference in such decree, unless very strong case

is made out would be frustrating the claim of the

opponents.

13. Therefore, taking over all view of the matter

and taking into consideration scope of the revision,

no case is made out for interference. Hence, Civil

Revision Application stands dismissed. Rule

discharged.

Original record if any be sent back to the

concerned Court.

In view of the dismissal of the Civil

Revision Application, Civil Application, if any stands

disposed of accordingly.

[S.S. SHINDE, J]

SDM*1402.10CRA

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