AMBIKA CHAUDHARY Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) THE petitioners, who were defendants in Suit No. 57 of 1973 filed by the respondents -plaintiffs approached this Court by means of present writ petition under Article 226 of the Constitution of India, challenging the order dated 13th May, 1985, passed by the District Judge. Ballla, whereby the revision filed by the respondents -plaintiffs was allowed and the judgment and order dated 21st May, 1983, passed by the Civil Judge, Ballia.

(2.) THE facts in brief in the present controversy are that the aforesaid Suit No. 57 of 1973 was decreed ex pane on 10th November. 1976. An application under Order IX, Rule 13 of Code of Civil Procedure was filed by the defendants on 23rd November. 1978 for setting aside the ex parte decree aforesaid, which was allowed by the trial court vide its order dated 21st May. 1983 and the judgment and decree decreeing the suit ex parte dated 10th November, 1976 was recalled and the suit in question was restored to its original number. The respondents -plaintiffs aggrieved by the aforesaid order approached the revisional court under Section 115 of Code of Civil Procedure by means of Civil Revision No. 118 of 1983. The revisional court vide its order dated 13th May, 1985 has allowed the revision and set aside the order passed by the trial court setting aside the ex parte decree and rejecting the application under Order IX, Rule 13 of the Code of Civil Procedure.

(3.) THE relevant provision is the 2nd proviso, which reads as under :