TARA SHANKAR Vs. VINOD KUMAR VERMA

JUDGEMENT

(1.) An exparte decree seems to have been passed by the court below, which is sought to be set aside by the Appellant under Order 9, Rule 13 Code of Civil Procedure. The said application has been rejected by the court below. The present appeal is filed against the said order dated 23-4-1983.

(2.) Respondent No. 2 and 3 were served by registered notice, which are presumed to have been served on them. Respondent No. 1 had appeared. This is reflected by the orders dated 10-2-1984 and 7-11-1985. The cause list was revised No body appeared in this case for the Respondents. Mr. Shitla Prasad submitted that he was not the counsel for the Respondents in this appeal though he was appealing in F.A.F.O. No. 350 of 1982 on behalf of the Respondents,

(3.) The brief question that falls for consideration is whether a decree passed exparte, affecting a person, who was not a party to the decree could be set aside under Order 9 Rule 13 Code of Civil Procedure.