PRABHAKAR BHASKAR Vs. KASHIRAM VITHOBA

JUDGEMENT

(1.) THIS Civil Revision arises out of an application presented by the applicant under Order 46, Rule 7 of the Code of Civil Procedure. The District Judge before whom the application was moved rejected it.

(2.) ON 28-12-1954 there was passed a decree against the applicant, and one Jagdeo, awarding to the non-Applicant Kashiram Rs. 500/- on account of mesne profits of immoveable property for the years 1952-53 and 1953-54 and costs. The decree was passed ex parte, the applicant not appearing at any stage of the suit.

(3.) THE non-applicant No. 1 sought execution of the decree, attached the applicant's field and had it sold in auction. It was at this stage that the applicant put in the application to the District Judge. The ground on which he claimed to set aside the ex parte decree was that Mr. D R. Gomkale, Civil Judge, Class II, Khamgaon, who tried that suit on the regular side had no Juris-diction to decide that suit in view of Article 31 of the second Schedule to the Provincial Small Cause Courts Act read with Section 16 thereof. The District Judge overruled the objection and refused to make a reference.