In The Court Of : Civil Judge Sr. Div. No. 1 Kamrup Metro
CNR Number : ASKM020017662023
Case Number : Title Suit/0000499/2023
Date : 18-09-2024
SRI KAPIL DEV SAINI Versus SRI PRABHANSH PRASAD, Proprietor of M/S Vaishali Medicos
| Business | Next Purpose | Next Hearing Date | Both sides are represented. Today is fixed for hearing on an application no-8321/23 filed by the defendant no-1 U/O 9 Rule 9 of CPC R/W Section 151 of CPC praying to set aside the ex-parte order dated 13.10.23. Heard both the sides and perused the petition with case record. On perusal of the case record it is seen that the petition no-8321/23 filed by the defendant no-1 stating that suddenly on 9.10.23 the defendant went to his native village at Bihar to attend some family dispute over ancestral properties and he only came back to Guwahati on 15.10.23 and due to which he could not file WS and matter proceeded ex-parte against him. Under the aforesaid circumstance the defendant no-1prayed to vacate the ex-parte order dated 13.10.23. Per contra, the plaintiff has filed written objection denying the contentions of defendant no-1 and prayed to reject the application with cost. In the backdrop of the contention of the rival parties this court finds that the defendant no-1had already filed the WS which is very much enclosed with the case record. Further, the ground shown in the petition for non appearance before the court appears to be justifiable and that being the position the order of ex-parte can be set aside. Further, acceptance of the WS will facilitate to the court to arrive at a proper conclusion of the dispute and the plaintiff side is not going to be prejudice in any manner if the WS accepted by the court. In the result, prayer of the defendant no-1 is allowed with a cost of Rs. 2,000/- which will be paid to the plaintiff side. Consequent to that order dated 13.10.23 stands vacated and the WS submitted by the defendant no-1 is accepted. Let the matter be adjourned for issue and ADR. Fixing 9.12.24 for issue and ADR. | Issues | 09-12-2024 |
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