i) A suit for permanent injunction was preferred by plaintiffSmt. Durga Devi in the year 1999 with the submission that a patta was issued in her favour by the Gram Panchayat and when she was about to raise construction on the said plot, the defendant-Gram Panchayat restrained her from raising the same. The written statement was preferred by the Gram Panchayat and it was submitted that the patta as alleged by the plaintiff to be issued in her favour had, in fact, never been issued by the Gram Panchayat and the same is a forged one. In the said suit, on 27.03.2001, no instructions were pleaded by counsel for the defendant and therefore, the suit was ordered to proceed ex parte against it. Ultimately, the suit was decreed on 04.05.2001. ii) Subsequently, an application for setting aside the ex parte order as well as the judgment and decree, was preferred on 15.05.2001 which was rejected vide order dated 14.02.2002. An appeal against the said order was preferred and vide order dated 02.06.2004, the same was allowed on a cost of Rs.1,000/-. Vide the said order, the application under Order 9 Rule 13 read with Order 39 Rule 4 and Section 151 of the Code of Civil Procedure was allowed and the judgment and decree dated 04.05.2001 was set aside. The matter was remanded to the trial Court for hearing afresh. The date for appearance of both the parties before the trial Court was fixed for 13.07.2004 and it was directed that the cost as imposed upon the defendant be deposited/paid by the date fixed and if the cost is not deposited/paid by the defendant within the prescribed period, the said order shall automatically stand cancelled.
