Law: Civil Procedure Code (V of 1908)

Section: S.115,O.IX,XLIII,XXXVII,R.1,1(d),2,4,7,1 3

Law: Limitation Act, 1908

Section: 159,164,181

(a) Civil Procedure Code (V of 1908)--- ----O. XXXVII, Rr. 1, 2, 4, 7, O. IX, R. 13, O. XLIII, R. 1(d) & S.115---Limitation Act (IX of 1908), Arts. 159 & 164---Summary suit on negotiable instrument---Ex parte decree, setting aside of---Limitation---Condonation of delay---"Special circumstances" as mentioned in O. XXXVII, R.4, C.P.C.---Connotation---Setting aside of a decree passed in a suit under provisions of O.XXXVII, C.P.C.---Procedure---Revision---Maintainability---Applicant-defendant during trial of the suit disappeared and ex parte decree was passed against which application was moved but same was dismissed---Contention of applicant was that he had gone abroad and could not appear before the Trial Court---Validity---Applicant after acceptance of application for leave to appear and defend the suit filed his surety bond but before filing of written statement went abroad---Defendant-petitioner before going abroad could not manage any representation in the pending suit and due to his non-appearance suit was ex parte decreed---Decree could be set aside under O. XXXVII, R. 4, C.P.C. upon an application of defendant showing 'special circumstances' of his inability to appear and obtain leave within ten days---Case of petitioner did not fall under O. XXXVII, R. 4, C.P.C. as he had already appeared and granted permission for leave to appear and defend the suit---Reason putforth by the petitioner for non-appearance for pursuance of his case was not plausible explanation---Petitioner before proceeding abroad was bound to appoint attorney for pursuance of his case but he could not manage his representation at proper time---Defendant-applicant was aware of the continuity of proceedings in the Trial Court---Ex parte proceedings which culminated into ex parte and decree were in accordance with law---Provisions of O. XXXVII, R. 7, C.P.C. were attracted in the present case as applicant had disappeared during pendency of proceedings---'Special circumstances' as envisaged in the present application were not applicable in the present case---Applicant had moved the present application after delay of more than two years and five months for which no plausible explanation…

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