From a glance of the impugned order dated 30th August, 2018, it is reflected that the petitioner did not raise any grievance nor institute appropriate application with reference to the proceedings on 28th July, 2017. Further, while proceedings before the Court below were at the stage of final hearing on 13th March, 2018, and the matter was adjourned on five occasions; the Court below yet allowed further opportunities for final arguments, posting the matter to 6th August, 2018 and thereafter to 27th August, 2018. The trial Court has also taken a cognizance of the fact that in the earlier proceedings while the matter was posted for production of evidence of the defendant-petitioner on 22nd August, 2017 and 14th September, 2017, in view of last opportunity allowed for production of evidence and on conclusion thereafter the matter was posted for final hearing to 23rd August, 2017; the petitioner did not appear before the Court below. The consequential ex-parte proceedings drawn were set aside on institution of an application dated 4th November, 2017, at the cost of Rs.500/- (Rupees Five Hundred), posting the matter to 23rd January, 2018.
