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A-56
% 14.09.2011
Present : Mr. Rama Shanker, Advocate for the petitioner.
.
.
+CM No. 17164/2011(exemption) in CM(M) NO. 1069/2011
*
Exemption allowed subject to just exceptions.
CM(M) No. 1069/2011
The order impugned before this court is the order dated
30.07.2011 vide which the application filed by the defendant seeking setting aside of the ex parte order dated 30.04.2011 had been declined.
The application under Order 9 Rule 7 of the Code of Civil Procedure
(hereinafter referred to as 'the Code') had admittedly been filed before the next adjourned date i.e. 30.07.2011. Learned counsel for the petitioner states that the written statement of the petitioner was already on record and is dated 06.05.2010. The reason for non-appearance on the date on which ex parte order was passed is that the relevant counsel was not available on the said date and he had instructed his colleague to appear on his behalf but due to some unavoidable reason, said advocate also could not appear on his behalf; as such ex parte order was passed against him. In view of the averments which are substantiated by the record of the case, the impugned order dated 30.07.2010 is set aside; as a necessary corollary, the ex parte order dated 30.04.2011 is also recalled.
This order is passed subject to payment of Rs. 2 000/- as cost to be deposited with the Delhi High Court Legal Service Co mittee.
Petition is disposed of.
INDERMEET KAUR, J.
SEPTEMBER 14, 2011
2011:DHC:19445
% 14.09.2011
Present : Mr. Rama Shanker, Advocate for the petitioner.
.
.
+CM No. 17164/2011(exemption) in CM(M) NO. 1069/2011
*
Exemption allowed subject to just exceptions.
CM(M) No. 1069/2011
The order impugned before this court is the order dated
30.07.2011 vide which the application filed by the defendant seeking setting aside of the ex parte order dated 30.04.2011 had been declined.
The application under Order 9 Rule 7 of the Code of Civil Procedure
(hereinafter referred to as 'the Code') had admittedly been filed before the next adjourned date i.e. 30.07.2011. Learned counsel for the petitioner states that the written statement of the petitioner was already on record and is dated 06.05.2010. The reason for non-appearance on the date on which ex parte order was passed is that the relevant counsel was not available on the said date and he had instructed his colleague to appear on his behalf but due to some unavoidable reason, said advocate also could not appear on his behalf; as such ex parte order was passed against him. In view of the averments which are substantiated by the record of the case, the impugned order dated 30.07.2010 is set aside; as a necessary corollary, the ex parte order dated 30.04.2011 is also recalled.
This order is passed subject to payment of Rs. 2 000/- as cost to be deposited with the Delhi High Court Legal Service Co mittee.
Petition is disposed of.
INDERMEET KAUR, J.
SEPTEMBER 14, 2011
2011:DHC:19445
JUDGMENT