Dilip Ratre vs Chandresh Kumar Rathore
2022 Latest Caselaw 779 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                                  Order Sheet
                                FA No. 56 of 2014
                  Dilip Ratre Versus Chandresh Kumar Rathore




14-02-2022

Mr. A.N. Bhakta, counsel for the appellant.

Learned counsel for the appellant would submit that the appellant was not communicated regarding the date of hearing of 17-10-2013 by his counsel, therefore, when the case was taken up for hearing before the trial court i.e., on 17-10-2013, the appellant who was defendant before the trial Court could not appear nor any lawyer appeared on his behalf, therefore, the trial court has proceed against them and thereafter ex parte judgment has been passed.

When this court posed a query to learned counsel for the appellant as to whether the appeal under Order 9 Rule 13 of CPC is maintainable or not, he would submit that the appellant has remedy to file an appeal under Order 9 Rule 13 of CPC which is maintainable.

List this case after two weeks.

It is directed that the appellant shall file an affidavit explaining non-appearance of the appellant on 17-10-2013 and communication with regard to his counsel, on the next date of hearing.

Sd/-

(Narendra Kumar Vyas) Judge

Raju