1976 (11) TMI 203

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....ing Miscellaneous Appeal No. 10 of 1975. That appeal was from the order of the Civil Judge, Junior Division, Khed, in Miscellaneous Application No. 4 of 1974. That application was filed by the defendant, against whom an ex parte decree has been passed on 29th June, 1974, for restoration of the suit for hearing on merits. ( 2. ) The suit was originally filed in the Court of the Civil Judge, Juni....

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....n the same day for setting aside the said ex parte decree. ( 3. ) Evidence was taken by the Civil Judge, Junior Division, Khed, who held that he was not satisfied with the explanation given by the petitioner as to his inability to attend the Court on the relevant date. Being aggrieved by the said decision the petitioner preferred an appeal which was dismissed by the learned District Judge. (....

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....e if the work of the Civil Judge, Junior Division, Chiplun, was to be attended to at Khed by the Civil Judge concerned there, because in that case the Civil Judge at Khed would have a dual capacity acting as Civil Judge both at Chiplun and Khed. But if the matter was to be transferred from one Court to a totally distinct Court, it appears to me that the application under authority in the Court by ....

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....rovided an order can be made against him compensating the other side for the costs thrown away. It is true that the powers of this Court to interfere in revision with such orders are limited; but such powers have to be called into play when such orders are passed which shock the conscience of the Court. It appears to me that such ex parte decrees and orders dismissing the suit for default are bein....