1. The petition at hand challenges the order dated 12th February, 2015 of the Court of Civil Judge whereby the application of the petitioner under Section 151 read with Section 141 of the Code of Civil Procedure, 1908 (CPC) registered as M.No.28/2014 was dismissed.

2. It is necessary to trace the backdrop of these proceedings, albeit briefly. The respondent had instituted a civil suit against the petitioner seeking money decree in the sum of Rs.1,55,000/-. The petitioner (hereinafter referred to as ‘the defendant’) was admittedly summoned in the said suit of the respondent (hereinafter referred to as ‘the plaintiff’) and appeared in response to the summons and filed his written statement putting in his contest. It appears that the defendant had also instituted a civil suit against the plaintiff which was pending around the same time in another Court. In the civil suit at hand, the defendant, after filing the written statement, chose to suffer the proceedings ex parte at the stage of trial after issues had been framed on 14th December, 1998. The case had reached the stage of final arguments, the plaintiff having completed his ex parte evidence, when the civil court (then pr