Defence of not knowing status of case when status of the Suit is put up on the website of the District Court
Coming to the ground that on account of the transfer of the Suit from the Court of learned Civil Judge, Senior Division, Nashik to the Court of 3rd Joint Civil Judge, Senior Division, Nashik, of which the defendant was not aware as he had no notice of the same or that his lawyer has not informed him of the same, in my view, the said ground is also not a bona fide ground. It is required to be noted that the temporary injunction application was allowed by the Trial Court on 7.04.2008. The roznama discloses that the defendant did not appear in the proceedings thereafter right till the decree was passed on 10.02.2009. It is required to be borne in mind that the defendant was represented by Advocate and therefore ought to have made enquiries with his Advocate. The defendant cannot contend that since the advocate did not inform him, he was not aware of the proceedings being transferred from one Court to the other and ultimately the decree being passed on 10th February, 2009. The fact that the status of the Suit is also put up on the website of the District Court cannot be lost sight of. The defendant claims to be computer savvy person as it is his case that on account of his training in computers that he was deputed from one branch to another. It was therefore for him to make the necessary enquiries, more so when he was a defendant in a Suit filed against him
for specific performance. Having not done so, he has himself to blame and, therefore, cannot take advantage of the said fact by contending that the said Suit has proceeded ex-parte.
Bombay High Court
Hemant Ganeshprasad Jaiswal vs Murlidhar Govind Khade on 18 September, 2012
Bench: R. M. Savant
citation; 2013 (1) MH L J 71
citation; 2013 (1) MH L J 71
- See more at: https://www.lawweb.in/2013/03/defence-of-not-knowing-status-of-case.html#sthash.UiKa3jE3.dpuf
