TRIMBAK BAPURAO SHEJUL Vs. GHANSHYAMDAS LAXMINARAYAN KALA

JUDGEMENT

(1.) THIS Civil Revision Application is directed against the order passed below Exhibit 5 in Misc. Civil Application No.41 of 1989.

(2.) THE exparte decree has been passed in Special Civil Suit No.112 of 1984 by the Civil Judge, Senior Division, Ahmednagar on 2/11/1988 and that decree was for recovery of the amount of Rs. 60,865/- and future interest and cost of the suit. As the said decree was passed exparte the application under Order IX Rule 13 of the Code of Civil Procedure was filed and in that application, an application at Exhibit 5 was filed for stay of the exparte decree passed in Special Civil Suit No.112 of 1984. THE learned Civil Judge, Senior Division, by order dated 5th December, 1989 stayed the said decree with a further direction to furnish surety for the sum of Rs. 75,000/- within two weeks from the date of the order. THE said order passed below Exhibit 5 is under challenge in this Civil Revision Application.

(3.) IN the result, the Civil Revision Application is allowed. The order passed below Exhibit 5 from Misc. Civil Application No.41 of 1989 pending on the file of the Civil Judge, Senior Division, Kopargaon is hereby set aside. Rule made absolute accordingly. IN the facts and circumstances of the case, there shall be no order as to costs. Revision allowed.