GOBARDHAN Vs. RADHEY SHYAM

JUDGEMENT

(1.) BINOD Kumar Roy, J. The prayer off the petitioners-landlord-defendants of the suit filed for recovery of possession by respondent No. 1 tenant-plaintiff under Section 6 of the Specific Relief Act, 1963 which was decreed ex- parte by the trial court, is to quash the order dated 19-3-1979 passed by the IIIrd Additional Munsif, Mirzapur rejecting their application under Order IX Rule 13 of the Code of Civil Procedure (hereinafter referred to as the Code) and for setting aside the ex-parte decree as well as the appellate order dated 21-5-1980 passed by the District Judge, Mirzapur dismissing their Miscellane ous Appeal No. 81 of 1979.

(2.) THE portrayal of the relevant facts are in extremely narrow compass. By the impugned order dated 19-3-1979 the application filed under Order IX, Rule 13 of the Code was rejected only on the ground that the ex-parte decree had merged in the orders passed in the earlier appeal and revision which, however, were dismissed as not maintainable.

(3.) IN my view the contentions made by the learned counsel for the petitioner are sound.