This is a Civil Miscellaneous Appeal against the order dated 28th Feb 2001 passed by Additional District Judge, Srinagar.

2. The point involved in the present appeal is as to whether `Hartal, which have become a common feature in the valley now, provides a sufficient ground to a defendant against whom an ex-parte decree has been passed, to get the decree set-aside under Order 9 Rule 13 Code of Civil Procedure.

3. The respondent is owner of the R.C.C godown and a tin godown attached to it situated at Moulana Azad Road, Srinagar. The said godowns were leased out to the appellant by virtue of the lease deed on a monthly rent of Rs.2337/-. The respondent filed the suit for ejectment against the appellant with the prayer that the decree for ejectment of the said godowns be passed in his favour and against the appellant on 30.11.1991. The suit was assigned to Additional District Judge, Srinagar who issued summons through registered post to the appellant on 30th Nov 1991. The summons issued were for 26.12.1991, but the case could not be taken up on that date due to Hartal and when it was taken on the next date i.e. 27.12.1991 the court awaited the receipt of postal A.Ds. The case was fixed

Click Here to Read the rest of this document