1 HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.2139 of2010 PETITIONER/: (Defendant No.3) RESPONDENTS/: (Plaintiff) 2. 3. Ram Bai, aged about 55 years, W/o Ramdayal Sahu, R/o Village Hankara, Occupation Agriculturist Village Mandroud, Tahsil Kurud, District Dhamtari (C.G.) Versus Savitri Bai, aged about 40 years, W/o Dauram Sonkar, R/o Village Mandroud, Tahsil Kurud, District Dhamtari (C.G.) Jagdish, aged about 45 years, S/o Mangiya, Caste Kewat, R/o Village Mandroud, Post Mandroud, Tahsil Kurud, District Dhamtari (C.G.) State of Chhattisgarh, Through the Collector, District Dhamtari (C.G.) {Writ petition underArticle 227 ofthe Constitution of India} Present: Mr. P.P. Sahu, counsel forthe petitioner. None present for respondents No.1 & 2, though served. No representation is made. Mr. Akhil Agrawal, Panel Lawyer for the State/respondent No.3. Sinale Bench: Hon'ble Mr. T.P. Sharma,_J ORDER (15-11-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioner has challenged legality and propriety of the order dated 3-4-2010 passed by the Civil Judge Class-II.Kurud in Civil Suit No.29A/2005, whereby the application for setting aside the ex parte proceeding filed on behalfofthe petitioner herein, has been dismissed. 2. I have heard learned counsel for the parties, perused the order impugned, copies of the order sheets and the aforesaid civil suit. 3. As'per the order impugned, initially, civil suit was pending before the Court of Civil Judge Class-11, Dhamtari and after establishment of Court at Kurud, the civil suit was transferred to the Court of Civil Judge Class-11, Kurud. Before 3-12-2005, the petitioner herein was represented through her duly appointed counsel at Dhamtari and after transfer of the case, notices were issued bytheCivil Judge Class-11, Kurud since 17-1-2006 upto 15-11-2006. On 23-12-2006, the Court proceeded ex parte against the petitioner herein on the ground that so many notices have been issued to the respondent therein and at Dhamtari the respondent was represented by her duly appointed counsel. Thereafter, application for setting aside ex parte proceeding has been filed on behalf of the petitioner herein, same was dismissed vide the order impugned on the ground that initially, she was represented by her duly appointed counsel at Dhamtari. 4. As per copies of the order sheets, Civil Judge Class-11, Kurud has issued notices of transfer of the case to the petitioner herein since 17-1-2006 till 15-11-2006 and on 23-12-2006, considering the fact that previously she was represented at Civil Court Dhamtari by her duly appointed counsel, the Court has proceeded ex parte against the petitioner herein. After transfer of case from the Court situate at Dhamtari to the Court situate at Kurud, it was s/ne qua non for the Court to issue notice of transfer to the parties and the Court has rightly proceeded in accordance with the procedure since 17-1- 2006 till 15-11-2006 and issued notice to the petitioner herein, but on 23-12- 2006 without such service of notice, the Court has proceeded ex parte against the petitioner herein on the ground that the petitioner herein was previously represented by her duly appointed counsel in the Court situate at Dhamtari. 5. The order dated 23-12-2006 was illegal. When application was filed for setting aside the ex parte order, virtually, it was incumbent upon the Court situate at Kurud to set aside the order proceeding ex parte, but by not setting aside or recalling the order dated 23-12-2006 the Court has again committed illegality vide order dated 3-4-2010, such order is not sustainable under the law. 6. Consequently, the petition deserves to be allowed and it is hereby allowed. Order dated 3-4-2010 passed by the Civil Judge Class-ll, Kurud in Civil Suit No.29A/2005 is hereby quashed and the order proceeding ex parte against the petitioner herein is hereby set aside. Position of the petitioner herein as on 23-12-2006 is restored. The Court shall proceed further and decide the suit, in accordance with law. No order as to costs. 7. I.A.No.1 stands disposed of. Soma Sd/- T.P. Sharma judge