HJGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER PLAINTIFF RESPONDENT DEFENDANT Sinha WritPetttion(227I Mo. 158l_of2008 Bhagumal Karda, aged about 70 years, son of Jiyamal Karda, Resident of Chaterjee Gali, New Sarkanda, Bilaspur (C.G.) VBRSUS Ravi Kumar, aged about 22 years, son of Late Shri Mohan Lal Karda, Residerit of Chaterjee Gali, New Sarkanda, Bilaspur (C.Q.) ORAL ORDEK' 13.03.2008 DHIRENDRA MISHRA. J. Shri Ratiiesh Ku. Agrawal, coiznsel for the petitioner, Heard. By this petition under Article 227 ofthe Constitution oflndia fhe petitioner has impugned fhc order dated 8.2,2008 passed by leamed 2nd Civfl Judge Class-I, Bilaspur in Civfl Suit No.234- A/2005, whereby the application offhe respondent/defendaut filed under Oixicr 9 Rule 7 read wifh Section 151 of the C.P.C. for setting aside the ex-parte order dated 17.12.2007, has been atlowed and ex-parte order dated 17.12.2007 has been set aside by imposuig cost ofRs.200/- on the respondent/defendaut. From penisal of the unpugned order, it is evident fhat fhe defendant was proceeded ex-parte on 17.12.2007 aud the inatter was posted forjudgment on 28.1,2008, However, on 28.1,2008 the leanied Civil Judge, considermg fhat issiies were not fiained in fhe Hiatter and fhe matter was wrongty posted for judgment, again fixed the matter for 5.2.2008 for fl-aming of issues. On fhe ssune date, the respondent/defendant appeared and movcd an application for setting aside ex-parte order and fhe Court below considermg the reasons assigned by fhe defeadant for non- appearance on 17.12.2007 to be bonafide, aUowed fhe application by the impugned order. After going through fhe iinpugned order, fhis Court is satisfied fhat there is no fflegality or jiirisdictioaal error coiumitted by the Court below which warrants interference under Article 227 offhe Constitution oflndia. In the resiilt, the petition being devoid of substance is Mable to be disiaissed and is accordiugly hereby dismissed at fhe adinission stage itsetf. Sd/- Dhirendra Mishra Judge a • S8S• • 3M• sa ESSB •n '•sss^'.•