AJITH MATHEWS Vs. SHEELAMMA THOMAS

JUDGEMENT

(1.) Appellant who is the Defendant in a suit for recovery of money has filed this appeal against the ex parte decree passed against him by the Trial Court.

(2.) This case has come up before us on a reference made by a learned single Judge doubting the correctness of the decision rendered by a learned single Judge of this Court in Bava alias Asees v. Madhavan and Ors.,1995 2 KarLJ 706

(3.) In the above decision the learned single Judge took the view that in an appeal against an ex parte decree the Appellant is not entitled "to ask the appellate court to accept the appeal on a ground which he could urge in an application under Rule 13 of Order IX and request for remand of the suit for re-hearing".