JUDGMENT :- This appeal is directed against the order dated 13-2-1974 passed by Civil Judge. Sr. Div. Quepem dismissing appellants application under O. 9, R. 13, Code of Civil Procedure for setting aside the ex parte decree passed on 20-11-1973.

2. This was a suit for recovery of Damages amounting to Rs. 10,085.25 p. On an earlier occasion that is on 6-11-1970 the Court had proceeded under O. 9. R. 6 of the Code of Civil Procedure because the defendants and their counsel did not appear on the date of the hearing. An application under Order 9, Rule 7, Civil P. C. for setting aside the ex Parte order filed by the defendants was dismissed and a Revision against the order of dismissal was also dismissed by the Court of Judicial Commissioner. The result was that the defendants joined the proceedings at a subsequent stage without getting an opportunity of filing the written statement.

3. The case was posted for evidence and plaintiffs evidence was concluded. Defendants counsel was given an opportunity of cross-examining the witnesses examined by the plaintiffs and the learned lower Court adjourned the case for defendants evidence. On 20-11-1973 which was the adjourned date neither the defe

Click Here to Read the rest of this document