The Court below has thought it fit to allow the application filed for setting aside the ex-parte decree in a suit for money on terms. A whopping sum of Rs. 3,42,216/- with interest thereon is due under the decree which has been set aside. The Court below has taken note of the fact that the defendant is a Municipality and that administrative laches in a Local Self Government is the reason.
2. The Court below has set aside the ex-parte decree on terms since an earlier conditional order allowing the application to set aside the ex-parte order had not been complied with. The amount allegedly due to the plaintiff under a contract is claimed in the suit. A full fledged trial would be desirable before saddling the Municipality with the payment of entire amount claimed. Every endeavour should be made to dispose of the suit on merits rather than allowing one to steal a march over the other.
C.R.P No. 424 of 2014 2
3. The Court below shall however dispose of the suit in O.S. No. 410/2009 within a period of three months from today.
I do not find any error of jurisdiction in the order impugned warranting interference. The Civil Revision Petition fails and is dismissed.
V.CHITAMBARESH JUDGE DCS