NARENDRA KUMAR JAIN Vs. GOPAL KRISHNA MALHOTRA

JUDGEMENT

(1.) This revision application is directed against the order dated 6.3.1998 passed by Sri R. N. Varma, VIIIth Additional District Judge, Meerut in his capacity as Judge, Small Causes Court rejecting the application moved under Order IX, Rule 13 of the Code of Civil Procedure (Misc. Case No. 32 of 1996) to set aside the ex parte decree passed tn S.C.C. Suit No. 8 of 1996.

(2.) Heard Sri P. N. Khare, learned counsel for the defendant-revisionist and Sri Rajesh Tandon, learned counsel for the plaintiff-opposite party.

(3.) S.C.C. Suit No. 8 of 1996 was decreed ex parte on 30.11.1996. The defendant-revisionist moved an application under Order IX, Rule 13. C.P.C. on 24.12.1996 with the prayer that the ex parte decree dated 30.11.1996 be set aside and the suit be restored to its original number. This application has been rejected by the Court below on the ground that the compliance of the provisions of Section 17 (1) of the Provincial Small Causes Court Act has not been made. The application under Order IX. Rule 13. C.P.C. has not been considered and decided on merits.