This case record is taken up for consideration for passing order in respect of petition filed by the op for setting aside order which has been passed in C.C. case no. 190 of 2022.

Op is contesting this matter by filing W/O.

Op of the M.A. case has already filed W/V.

As per submission of the ld. Advocate of op the delay has been caused in the matter of filing W/V for misposting of date in ld. Advocate’s personal diary. This matter is clearly reflecting that the litigant public that op has no personal fault in the matter of delayed filing of the W/V.

Moreso, it is the settled principle of law that for fault of the ld. Lawyer or ld. Clerk the litigant public cannot suffer.

Considering this aspect the prayer for setting aside ex parte order is allowed but at the cost of Rs. 1000/- payable to the op who is the complainant of C.C. case no. 190 of 2022.

Thus, this M.A. case no. 36 of 2023 is allowed on contest.

Let the order of ex parte hearing be set aside but at the cost of Rs. 1000/- payable to the op of this M.A. case (who is the complainant of C.C. case no. 190 of 2022).

The W/V which is filed by the op is to be accepted after payment of cost.

Let  the case record of M.A. case be tagged with the C.C. case no. 190 of 2022.