TMI Blog1976 (11) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge, Junior Division, Khed, in Miscellaneous Application No. 4 of 1974. That application was filed by the defendant, against whom an ex parte decree has been passed on 29th June, 1974, for restoration of the suit for hearing on merits. ( 2. ) The suit was originally filed in the Court of the Civil Judge, Junior Division, Chiplun. Thereafter by an order of the District Court it was transferred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by the Civil Judge, Junior Division, Khed, who held that he was not satisfied with the explanation given by the petitioner as to his inability to attend the Court on the relevant date. Being aggrieved by the said decision the petitioner preferred an appeal which was dismissed by the learned District Judge. ( 4. ) The learned District Judge refers to Order 3, Rule 4 of the Civil Procedure Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khed by the Civil Judge concerned there, because in that case the Civil Judge at Khed would have a dual capacity acting as Civil Judge both at Chiplun and Khed. But if the matter was to be transferred from one Court to a totally distinct Court, it appears to me that the application under authority in the Court by an Advocate would come to an end. However, it appears to me unnecessary to go deeper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rown away. It is true that the powers of this Court to interfere in revision with such orders are limited; but such powers have to be called into play when such orders are passed which shock the conscience of the Court. It appears to me that such ex parte decrees and orders dismissing the suit for default are being increasingly sought to be sustained merely on the ground that if the suit is restor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed to further appear in the suit. The petitioner through his Advocate also undertakes that he will file the Vakalatnama of some Advocate in the Khed Court on or before 15th November, 1976. I further direct the Khed Court to dispose of the suit as expeditiously as possible and in any case on or before 15th January, 1977. Records and proceedings and the writ be sent down forthwith. Rule mad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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