S.N. RICE MILLS Vs. PRAVINCHANDRA MOTILAL

JUDGEMENT

(1.) THE order is unsustainable and has to be vacated. The defendant in the suit who was declared ex parte has not come forward with an application to set aside the decree and the petition filed by the power of attorney holder does not even contain an allegation that the summons issued to the defendant was not duly served or that he was prevented by sufficient cause from appearing when the suit was called on for hearing. The petition was also opposed by the plaintiffs. In these circumstances, the court had no jurisdiction to pass an order setting aside the ex parte decree after directing the petitioner's counsel to receive the costs - -and that after he expressed his unwillingness to do it - -without enquiring into the merits of the petition. The order is set aside and the petition is remanded for fresh disposal according to law. The revision petitioner will get the costs of this petition from the respondent.