VIJAY PRASAD CHAUDHARY Vs. MAMTA DEVI

JUDGEMENT

(1.) Heard.

(2.) In this revision under Section 115 of C.P.C. the applicant has called in question the order passed by the trial Court allowing the respondent Mamta Devi's application under Order 9 Rule 13 of C.P.C. and thereby setting aside the ex-parte judgment and decree dated 20/02/2001.

(3.) After passing of the ex-parte judgment and decree on 20/02/2001 the respondent No.1 moved the subject application under Order 9 Rule 13 of C.P.C. for setting aside the ex-parte decree on submission that she has never refused to accept notice and the Postman has made wrong endorsement of her refusal and thus the ex-parte decree deserves to be set-aside. Trial Court has accepted the plea and the ex-parte judgment and decree has been set-aside by the impugned order.