GAJA Vs. MOHD FARUKH

JUDGEMENT

(1.) This is an application in revision against an order dated the 24th November, 1956 of the learned Civil Judge, Kheri, dismissing the appeal on the ground that it was not maintainable.

(2.) The suit was decreed ex parte on the 6th April 1956. The defendant applicant made an application on the 6th April 1956 under Order 9, Rule 13 Civil Procedure Code for setting aside the ex parte decree. That application was dismissed in default on the 4th August 1956. The applicant made an application on the 3rd September 1956 for setting aside the order dated the 4th August 1956 by which his application for setting aside the ex parte decree was dismissed. The learned Munsif dismissed that application on the 17th September 1956. Against that order an appeal was preferred to the District Judge, which was disposed of by the Civil Judge, Kheri, on the 24th November, 1956.

(3.) The learned Civil Judge, following the decisions of the Allahabad High Court, came to the conclusion that an appeal against an order dismissing an application for restoration of an application for setting aside an ex parte decree under Order 9, Rule 13 Civil Procedure Code was not maintainable.