GERALDINE JACOB Vs. BRENDA BABARA FRANCIS

JUDGEMENT

(1.) O.S. No: 34/1999 of the Principal Sub Court led to R.F.A. No: 744/2010. That was decided by the Division Bench of this Court on 25.5.2011. The doctrine of merger repeatedly reflected in jurisprudence governing multi-tier adjudicatory processes advises that the Trial Court could not have thereafter touched the decree that it had passed and which was subject of R.F.A. No. 744/2010. We also notice that the said first appeal was decided by this Court on merits. Yet, the third defendant moved an application to set aside the decree of the Trial Court on the ground that it is passed ex parte. For reasons stated by the learned Subordinate Judge in the impugned order, that application under O. IX R. 13 was dismissed. This F.A.O. is filed against that order. Aforesaid is sufficient to state that no application under O. IX R. 13 could have been filed before the trial court after its decree had merged in the decree of this Court in R.F.A. No. 744/2010. Series of precedents, including law laid by the Apex Court, would stand to advise that the application under O. IX R. 13 could not have been entertained by the trial court after the decision of R.F.A. No: 744/2010. Under such circumstances, we find no ground to entertain this appeal. It fails.