Misc.Case NO.714/2019

         Learned counsel for the OP appeared and moved the petition stating that on 14.08.2019 the complaint case was fixed for filing written version by the OP but due to some difficulties, the OP could not file written version and the OP was set ex-parte. According to him, he filed written version on 27.08.2019. Since, there is only seven days delay in filing written version, liberal view may be taken to set-aside the ex-parte order.

        Learned counsel for the complainant submitted that the written version has not been filed intentionally  by the OP. Since, there is no appropriate ground and legal provision to set-aside the ex-parte order, the petition may be dismissed.

        Heard learned counsel for both the parties.

        This ex-parte order was passed against the OP under the erstwhile C.P.Act,1986 and there is no provision under the Act to set aside the ex-parte  order by taking liberal view. Therefore, we are not inclined to allow the petition. Hence, the petition stands rejected.