9911796707
TMI Blog2000 (3) TMI 1126X X X X Extracts X X X X X X X X Extracts X X X X ..... pplication for setting aside the ex-parte judgment and decree filed on 7-4-1983 in terms of Order 9 Rule 13 of the CPC was dismissed by the Trial Judge on 14 5 1985. The revision petition No. 73 of 1985 filed by the appellant was dismissed by the High Court vide the order impugned on 23rd September, 1999 on the ground that the appellant had failed to establish, any just or sufficient cause for his non appearance on the date fixed when the ex parte proceedings were initiated against him. 3. We have heard the learned Counsel for the parties and perused the papers, 4. The facts of the case are that respondent-landlord filed a suit for ejectment and recovery of the arrears of rent on 5-8-1981 alleging therein that as the tenanted premises was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting aside ex parte judgment and decree, the appellant submitted that he was posted as Assistant Engineer in the Irrigation Department and on account of the construction of the bridges over the casual drains he had to remain at the site in the interests of public. He became indisposed in the evening of 8th March, 1982 at the site which was about 85 kilometers away from Lucknow and could not move or return back to Lucknow till 11-3-1983 which prevented him to appear in the trial Court on 10th March, 1983. Unfortunately, the young nephew of the counsel of the appellant met with an accident on 10-3-1983 and expired which prevented his counsel also to appear in the Court on that date. It was contended that the absence of the appellant and his c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trued as elastic expression for which no hard and fast guidelines can be prescribed. The Courts have wide discretion in deciding the sufficient cause keeping in view the peculiar facts and circumstances of each case. The 'sufficient cause' for non-appearance refers to the date on which the absence was made a ground for proceeding ex-parte and cannot be stretched to rely upon other circumstances anterior in time. If sufficient cause' is made out for non-appearance of the defendant on the date fixed for hearing when ex parte proceedings initiated against him, he cannot be penalised for his previous negligence which had been overlooked and thereby condoned earlier. In a case where defendant approaches the Court immediately and with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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